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Under what circumstances can I request the return of the dowry？
Time:2025-08-28 Views:1178
Article 10 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (II) (hereinafter referred to as the "Interpretation of the Marriage Law (II)") stipulates: "If a party requests the return of the dowries paid according to customs, and it is found that the following circumstances exist, the people's court shall support it: (1) the parties have not completed the marriage registration procedures; (2) the parties have completed the marriage registration procedures but have not lived together; (3) the dowries were paid before marriage and caused difficulties in the life of the payer. The application of the provisions of items (2) and (3) of the preceding paragraph should be based on the condition of divorce between the parties." In judicial practice, disputes over dowries should pay attention to the following issues:
Principles to be followed when resolving disputes over dowries. The decision on whether to return the dowry is mainly based on whether the parties have entered into a marital relationship. If a marriage relationship is not established after paying the dowry, the dowry should be returned in principle; If married, in principle, the dowry will not be returned (except in some special circumstances); If a wedding ceremony is held according to customs but a marriage certificate is not obtained, the dowry will not be returned in principle when the cohabitation is terminated.
If a bride price is paid before marriage, divorce must be considered as a prerequisite before considering supporting the request for return. If the payer requests the return of the dowry during the existence of the marriage relationship after the dowry is paid, it will not be supported, because at this time the couple is still a community and follows the legal system of joint ownership of marital property. If the parties make the request at the same time as the divorce proceedings and the court allows the divorce, it may decide whether to support the request to return the dowry based on the situation; If the judgment does not allow divorce, the request of the parties to return the dowry cannot be supported.
3. It must be a local custom of paying dowries before marriage. Generally speaking, the issue of dowries mainly exists in rural areas and relatively underdeveloped regions of China. People's weddings are mostly formed according to customs and traditions. If there is no such custom in the local area, there can be no issue of paying dowries. The handling of property payments made between men and women that cannot be recognized as dowries depends on their specific circumstances and nature, and should be handled by the court in accordance with the law.
4. It is necessary to distinguish the subjective will of the parties involved in the payment of dowries. Generally speaking, the payment of dowries is often forced by local market conditions and social pressure. It is considered a general gift behavior if it is completely voluntary and without any additional conditions. If there are no special regulations, requests to return dowries are usually not supported.
5. After paying the dowry, the couple registered for marriage but did not actually live together. Those who request the return of the dowry should be supported. After both parties register for marriage, if they have not lived together for a long time, there will be no experience of mutual assistance and living together between husband and wife, and the true sense of living together has not yet begun.
6. A broad interpretation should be given to the subject of payment and acceptance of dowries. In practice, paying dowries is not simply a matter between men and women, but often involves interactions between two families. A broad understanding should be given to the giver and receiver of dowries, which should not be limited to the man and woman who are preparing to enter into a marriage relationship, but should include their respective relatives. In real life, dowries are often paid to the bride's family and are rarely used for marriage between men and women; Many times, dowries are paid by the whole family with common property, or even jointly borrowed by the whole family. Considering these specific circumstances, it is not conducive to the proper resolution of such disputes if restrictive interpretations are made for both the payer's subject and the receiver's subject.
7. Pre marital payment leads to financial difficulties for the payer. This is a special situation for the return of dowries. There are absolute and relative difficulties in life. Absolute difficulty refers to the inability of individuals to maintain the most basic standard of living in the area on their own; Relatively difficult due to the payment of dowries causing a significant difference in life before and after, making it more challenging compared to the original living conditions. The original intention of judicial interpretation is to regulate absolute difficulty in the former sense.
8. The issue of the statute of limitations applicable to the return of dowries. The return of dowries is subject to the normal statute of limitations for litigation, which is two years. The starting point of the statute of limitations for litigation, according to the provisions of the General Principles of Civil Law, starts from the date when the parties know or should know that their rights have been infringed. Therefore, there are several situations for the calculation of such disputes: if the two parties have not entered into a marriage relationship, the payer should promptly fulfill their rights and claim their rights from the other party. If the other party refuses to return, the statute of limitations for litigation shall begin to run; If both parties register for marriage, the payer should be aware of the infringement of their rights from the date of termination of the marriage relationship, and the statute of limitations for litigation begins to run.
Fanneng Law Firm editors recommend more knowledge about wedding dowries for you:
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