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Under what circumstances is the dowry not returned
Time:2025-08-28 Views:1553
1
The return of dowries has been clearly stipulated in 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).
2. Except for three situations where the couple has not registered their marriage in accordance with the law, where they have registered their marriage but have not lived together, and where the payment of the dowry before marriage causes difficulties for the payer, the dowry should not be required to be returned in any other circumstances.
This means that the return of dowries should strictly comply with legal provisions and should not be arbitrarily expanded in scope of application.
II
The legal basis for the return of dowries mainly comes from the Civil Code of the People's Republic of China and its relevant judicial interpretations.
According to Article 188 of the Civil Code, the statute of limitations for filing a lawsuit to protect civil rights with a people's court is three years. This means that if the man requests the woman to return the dowry, he must file a lawsuit within three years after knowing or should have known that his rights were infringed.
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 (I) provides detailed provisions on three situations for the return of dowries, including:
(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 leads to financial difficulties for the payer.
The issue of dowries involves multiple rights and interests, and should be handled with caution. If you have any questions, feel free to consult with the professional lawyers at Faneng Law Firm. We will provide you with a legal light to illuminate your path forward. Sichuan Faneng Law Firm is dedicated to serving you.