Jidacheng Zhuhai law Firm! Failed to realize the marriage relationship, can you ask to return the bride price

2022-04-25 0 By

Nowadays men and women get married, many places have the custom of giving betrothal gifts.Bride price more or less, all represent a heart.A blogger recently posted a video of his girlfriend being forcibly dragged away by her family because she could not pay her 500,000 yuan (us $1,835) bride price.The video shows a woman being forcibly pulled out of the house by a man and a woman, dragged by the man on the ground before the blogger chased her to his car and was pinned to the ground.Eventually the woman was forced into a car and driven away.Police later reported that because the woman’s parents did not approve of the couple’s marriage, they came to their house and dragged the woman away, and they had a fight with the blogger.Police also warned the woman’s parents not to use violence to restrict her freedom.Soon after, the woman replied online that her family was angry because they were worried about her personal development.And asking for half a million dowry, just angry words.Violence interferes with the freedom of marriage?After the incident, many netizens expressed their disapproval of the woman’s family, and some even thought it was a violent interference in the freedom of marriage.So does this claim hold water?In law, there are prohibitive provisions for marriage.For example, the Civil Code clearly stipulates that arranged marriage, mercenary marriage and other acts that interfere with the freedom of marriage are prohibited.Marriage shall be entirely of the free will of both the man and the woman, and no coercion by either party on the other and no interference by any organization or individual shall be allowed.It can be seen that everyone has the freedom of marriage and the right of autonomy in marriage.As for whether to interfere with the freedom of marriage with violence, from the online video, we only see one side of the story, so we can’t draw accurate conclusions about the extent of the behavior.According to Article 257 of the Criminal Law, whoever interferes with another person’s freedom of marriage by violence shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention.If he causes death to another person, he shall be sentenced to fixed-term imprisonment of two to seven years.Generally speaking, violence to interfere with the freedom of marriage refers to the implementation of beatings, binding, locking and other means, so that others can not exercise the right to freedom of marriage.An offence may be committed only if the violence committed is serious enough to prevent another person from exercising his or her right to freedom of marriage.If only the threat of violence, or the use of very minor violence, is a general violation of the civil code, does not constitute violence to interfere with the freedom of marriage.In addition, the crime of violent interference with the freedom of marriage is a case of private prosecution and is dealt with only when informed.In this case, although the woman responded that her family’s demand for 500,000 yuan was just angry words, in real life, the bride price still plays a very important role in the marriage.Many people pay betrothal gifts before marriage, but ultimately fail to achieve the marriage relationship, so there are disputes for the return of betrothal gifts.Generally speaking, pay betrothal gift to belong to conditional donative behavior.That is to say, the effect of gift act, need to meet the agreed conditions, such as the conclusion of marriage.If the parties are married, the conditions attached are fulfilled and the gift becomes effective at the same time.In this case, the bride price may not be refunded.Of course, the law provides for several situations in which betrothal gifts can be returned.According to the judicial interpretation of marriage and family, the bride price can be returned under any of the following circumstances.One is not married.That is, if both parties have not dealt with marriage registration procedures, can claim to return the bride price;The second is on the premise of divorce.That is, both parties to deal with marriage registration procedures but did not live together, three with divorce as the premise.Namely pay before marriage and bring about pay person life difficulty.In addition, even if the above three conditions are met, it may not be able to return all the bride price.If the bride price has been used for the necessary expenses of living together, such as planning for the wedding, daily necessities, then this part of the expenditure may not be reimbursed.Love and marriage by parents interference how to do first respect and understanding.Many parents disagree with you, probably on different points of view.From the parents’ point of view, they may have good intentions and want to make the best choice for their children.But at the end of the day, the most important thing is your own heart, whether your parents’ choice is appropriate, or to return to yourself.Respect is the cornerstone of communication. Only by putting yourself in your parents’ shoes can you understand them.Secondly, we need to communicate effectively.Lack of communication just keeps things going.In any case, effective communication with parents is essential when differences arise.In communication, to pay attention to their tone of attitude, to communicate rather than quarrel, to let parents understand your ideas and mind.At the same time, make specific breakthroughs, such as asking them why they object and their concerns, and then appropriately untangle them.Finally, balance the relationship.Don’t break the pot if you fail to communicate.Remember to be balanced and rational and don’t let your emotions get the best of you.It can be said that there is no love that can maintain long-term and stable happiness at the expense of affection.Therefore, balancing the delicate relations between various parties is both a rational decision and a long-term consideration.Everyone has the freedom to love and marry, and parents should also learn to respect their children’s ideas and decisions.Only the children feel happy, is the greatest happiness.