Joke Collection Website - Public benefit messages - What evidence is needed to prosecute the bride price?
What evidence is needed to prosecute the bride price?
1. Evidence that both men and women were in a state of talking about marriage at that time, such as videos or photos of engagement ceremony;
2. Provide evidence of paid bride price, such as transfer records and bank card account details;
3. Evidence to prove that both parties have no common life, such as witness testimony of relatives and friends.
What evidence does the bride price return lawsuit need?
1, this state can be reflected by the chat records of SMS, WeChat and other communication tools, indicating that both parties have the intention to talk about marriage. Note that there is a difference between talking about marriage and talking about love, and a simple confession of love cannot reflect the state of marriage.
2. If the chat records such as SMS and WeChat are lost and cannot be recovered, you can still rely on the marriage recording when the two sides talked at that time, and the recording of the relationship between the two sides can also come in handy in the future;
3. The two sides held an engagement ceremony;
Both parties have taken wedding photos together. However, I want to remind you that cohabitation does not necessarily mean that both parties are in a state of talking about marriage.
Because in practice, the payment of bride price is not only a matter between men and women, but also involves the communication between two families. Therefore, the qualification of litigation subject should be divided into two situations:
1. After both men and women have gone through the marriage registration formalities, if one party files a divorce lawsuit and asks for the return of the bride price in the divorce lawsuit, the actual payer and the actual recipient of the bride price are not listed as litigants, but both men and women should be regarded as the obligee and obligor of the return of the bride price. If one party refuses to return the bride price on the grounds that he is not the actual payer and receiver of the bride price, the people's court will not accept it;
2. If both men and women have not gone through the marriage registration formalities, one party will file a lawsuit to demand the return of the bride price, because the payer and receiver of the bride price are not limited to the personal use of both men and women, but may also be used by the woman's family. Therefore, it is not only in line with the actual state of rights and obligations, but also can really solve disputes by directly listing the actual payer and receiver of bride price as litigants.
To sum up, bride price is a part of Chinese wedding customs, and local customs have their own characteristics, which proves that it is an indispensable part of local customs. Local customs and habits can listen to the opinions of local matchmakers, village heads, village committee directors and others, and can testify as witnesses when necessary.
Legal basis:
Article 67 of the Civil Procedure Law of People's Republic of China (PRC)
The parties have the responsibility to provide evidence for their claims.
The people's court shall investigate and collect evidence that the parties and their agents ad litem cannot collect on their own due to objective reasons, or evidence that the people's court considers necessary for hearing a case.
The people's court shall comprehensively and objectively examine and verify the evidence in accordance with legal procedures.
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