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Regulations on the return of dowries in the Civil Code
Time:2025-08-28 Views:1432
1
There is no clear provision in the Civil Code, but Article 5 of the Interpretation of the Supreme People's Court on the Application of the Marriage and Family Part of the Civil Code of the People's Republic of China (1) stipulates that if a party requests the return of a dowry paid according to customs, the people's court shall support it if it is found that:
1. Both parties have not completed the marriage registration procedures;
2. Both parties have completed the marriage registration procedures but have not yet lived together;
3. Pre marital payment that causes financial difficulties for the payer.
The application of the provisions of the second and third items of the preceding paragraph shall be conditional on the divorce of both parties.
II
When determining the amount to return the dowry, the following factors need to be considered:
1. Which party proposes to terminate the personal relationship. Generally speaking, the party proposing to terminate the personal relationship may have certain moral flaws, so the amount of return should be appropriately reduced when determining the amount of return.
2. The length of time both parties have been married. The length of marriage reflects the level of investment both parties have in their marriage and family. In the case of a longer marriage period, the amount of dowry refund should be reduced as appropriate; On the contrary, the refund amount should be appropriately increased.
3. Have you given birth to children. The situation of having children may have an impact on the amount of dowry refund. If both parties have already given birth to children, the refund amount can be appropriately reduced; If there are no children to be born, the refund amount may need to be increased.
4. Use of property. The use of dowries is an important factor to consider when determining the refund amount.
If the dowry has already been used in the joint life of both parties, the refund amount should be appropriately reduced. However, due to limitations in the ability to provide evidence, it is often difficult to prove the use of dowries.
5. Economic conditions of both parties and local economic development. When determining the amount of dowry refund, it is also necessary to consider the economic situation of both parties and the local economic development.
The economically disadvantaged party should receive appropriate care, while the economically advantaged party should make concessions at their discretion.
In summary, the amount of dowry refund should be determined based on a comprehensive consideration of the above factors according to the specific situation. In daily life, understanding relevant legal regulations is of great significance for safeguarding one's own rights and interests.
Therefore, we should strengthen our understanding of the legal provisions on divorce, including the refund of dowries and the division of divorce property.
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