Year: 2025
Type: article
Abstract: According to Article 1042 of the Civil Code of the People's Republic of China, it is not allowed by law to demand property through marriage. However, in reality, high-priced betrothal gifts are common in some areas and even getting worse. Therefore, based on the discussion of the theories of simple gift, quasi-contract, similar deposit, gift with a condition for termination, and custom regarding betrothal gifts, I construct the theoretical basis for the right to request the return of betrothal gifts. Moreover, based on the "Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Disputes Involving Betrothal Gifts" (hereinafter referred to as the "New Regulations of the Supreme People's Court") and the Civil Code of the People's Republic of China, I puts forward my understanding of the determination of the parties involved in betrothal gifts, the nature of the engagement, the validity of the parties' agreements on betrothal gifts, the understanding of "causing the giver to have a difficult life", and the circumstances under which betrothal gifts will not be returned, and thereby constructs the rules for the return of betrothal gifts.
Source: Science of Law Journal
Author: Nan Chen
Institution: UNSW Sydney
Language: English
Topic: Family and Matrimonial Law
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W4409500875