Does the new civil code stipulate that the bride price divorce should be refunded?

A: Hello, whether the divorce bride price can be refunded depends on the payment, marriage and actual use of the bride price. If it meets the requirements, you can ask for a return.

Bride price is not a legal term, but a custom. Bride price is a bride price or gift given to each other in the usual understanding, especially in marriage and love. Lawsuits of bride price disputes are generally divided into two types, one is to ask for the return of property in bride price disputes, and the other is to ask for the return of bride price in divorce disputes. For those who are not married, it is generally a bride price marriage. If you have registered your marriage, you can ask for the return of the bride price in divorce proceedings.

As for whether the bride price should be returned in full, in judicial practice, the judge usually comprehensively considers the length of time the two sides lived together, the amount of the bride price, local customs and habits, the actual use of the bride price and the degree of fault of both sides to determine whether to return and the amount to be returned.

According to the law of our country, the personal property of husband and wife is mainly divided into four categories: the first category is the property before marriage, which generally refers to the property before marriage registration; The second category is the compensation or compensation obtained by one party for personal injury; The third category is the property that clearly belongs to only one party in the will or gift contract; The fourth category is the daily necessities dedicated by one party.

In addition, professional marriage and family lawyers warmly remind that the bride price is not applicable, because there will be some money transfers or small gifts to express love during the relationship between men and women.

legal ground

The Supreme People's Court's Interpretation on the Application of Marriage and Family in the Civil Code of People's Republic of China (PRC) (I)

Article 5 The people's court shall support the request of a party to return the bride price paid according to the custom if it is found that it belongs to the following circumstances:

(1) Both parties have not gone through the marriage registration formalities;

(2) Both parties have gone through the marriage registration formalities, but they have not lived together;

(3) premarital payment, causing difficulties to the payer.

The application of items 2 and 3 of the preceding paragraph is conditional on the divorce of both parties.