While the darlings were showering each other with sweetness on Qixi Festival, Qin Dianlu...PlaceToday, I'll throw some cold water on things to wake you up.
Many financial disputes between couples after a breakup stem from a lack of vigilance during money transfers, resulting in not only the loss of money but also a breakdown in the relationship.
Today, I'll explain the rules of court adjudication thoroughly, so you won't have to worry about them anymore."Can I get this money back after the breakup?"
❶ 520、1314、9999Special amounts
• Judicial practice usually recognizes it as a gift expressing affection, and delivery is completed and ownership is transferred upon receipt of the transfer funds.
• Legal basis:
《Civil Code of the People's Republic of China》Article 657："A gift contract is a contract in which the donor gives his or her property to the donee free of charge, and the donee expresses his or her acceptance of the gift."
《Civil Code of the People's Republic of China》Article 224："The establishment and transfer of ownership of movable property shall take effect upon delivery, unless otherwise provided by law."
❷ Large round-number transfers (for buying a house, a car, or large amounts of cash).
• Gifts given with the intention of marriage can be considered conditional gifts or betrothal gifts. If no marriage certificate is obtained and the couple has not lived together, the gifts should generally be returned; if the couple has lived together for many years, the court will determine the proportion to be returned based on factors such as the length of their cohabitation and the fault of both parties.
• Legal basis:
《Civil Code of the People's Republic of China》Article 158："Civil legal acts may be subject to conditions, except for those that, by their nature, cannot be subject to conditions. A civil legal act subject to a condition precedent takes effect when the condition is fulfilled. A civil legal act subject to a condition subsequent becomes ineffective when the condition is fulfilled."
Interpretation (I) of the Supreme People's Court on the Application of the Marriage and Family Chapter of the Civil Code of the People's Republic of ChinaArticle 5："If a party requests the return of betrothal gifts given according to custom, the People's Court shall support the request if it is found that one of the following circumstances exists: (1) the parties have not registered their marriage; (2) the parties have registered their marriage but have not actually lived together; (3) the pre-marital gifts have caused financial hardship to the giver. The provisions of items (2) and (3) of the preceding paragraph shall apply only if the parties are divorced."
Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Bride PriceArticle 6："If the two parties have not registered their marriage but have been living together, and one party requests the return of the betrothal gifts given according to custom, the people's court shall, based on the actual use of the betrothal gifts and the dowry, comprehensively consider the facts of their cohabitation and pregnancy, the faults of both parties, and local customs, determine whether to return the gifts and the specific proportion to be returned."
❸ Note: "Loan"/There are chat logs and loan agreements
• If evidence of a loan agreement and actual fund transfer can be provided, the principal and legal interest can be claimed in accordance with the provisions of a private loan agreement.
• Legal basis:
《Civil Code of the People's Republic of China》Article 667："A loan contract is a contract in which the borrower borrows money from the lender and repays the loan along with interest upon maturity."
《Civil Code of the People's Republic of China》Article 679："A loan contract between natural persons is established when the lender provides the loan."
Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending CasesArticle 2："When a lender files a private lending litigation with the People's Court, he or she shall provide debt instruments such as loan agreements, receipts, and IOUs, as well as other evidence that can prove the existence of a lending relationship."
❹ Shared daily expenses (dining out, movies, travel, milk tea, gifts)
• If the payment is considered a joint expense or a moral obligation, a litigation may be filed.AAClaims are usually not supported.
• Legal basis:
《Civil Code of the People's Republic of China》Article 657："A gift contract is a contract in which the donor gives his or her property to the donee free of charge, and the donee expresses his or her acceptance of the gift."
《Civil Code of the People's Republic of China》Article 985："If a person who has received an unjust benefit has no legal basis, the person who suffered the loss may request the person who received the benefit to return the benefit, except in the following circumstances: (i) a payment made to fulfill a moral obligation; (ii) a payment made before the due date of the debt; (iii) a payment made knowing that there is no obligation to make such payment."
❺ Compensation for lost youth, "breakup fee"
Voluntary payments are not prohibited; litigations seeking such payments are generally not supported. However, if the other party causes personal injury, actual losses such as medical expenses and nutritional expenses can be claimed.
• Legal basis:
《Civil Code of the People's Republic of China》Article 8："Civil subjects shall not violate the law or public order and good morals when engaging in civil activities."
《Civil Code of the People's Republic of China》Article 985Item (I):"Payment made to fulfill a moral obligation."
《Civil Code of the People's Republic of China》Article 1179："If someone infringes upon another person and causes personal injury, they shall compensate for reasonable expenses incurred for treatment and rehabilitation, such as medical expenses, nursing expenses, transportation expenses, nutrition expenses, and hospitalization meal allowances, as well as lost income due to missed work. If the injury results in disability, they shall also compensate for assistive device expenses and disability compensation; if the injury results in death, they shall also compensate for funeral expenses and death compensation."
❻ Custody deposit transfers
• If the note says "deposit" or the agreement says "you deposit money for me", it may constitute a custody contract, and the ownership still belongs to the transferor. The transferor can claim the money back after the breakup.
• Legal basis:
《Civil Code of the People's Republic of China》Article 888："A safekeeping contract is a contract in which the custodian takes custody of the goods delivered by the depositor and returns those goods."
《Civil Code of the People's Republic of China》Article 899："The depositor may retrieve the deposited item at any time. If the parties have not agreed on the storage period or the agreement is unclear, the custodian may request the depositor to retrieve the deposited item at any time; if a storage period is agreed on, the custodian may not request the depositor to retrieve the deposited item in advance without special reasons."
❼ Special scenarios
• Gift agreements written during a romantic relationship can be revoked before actual delivery; notarized gifts are an exception.
• Legal basis:
《Civil Code of the People's Republic of China》Article 658："A donor may revoke a gift before the transfer of the right to the donated property. The preceding paragraph does not apply to notarized gift contracts or gift contracts that are irrevocable by law and have a public welfare or moral obligation nature, such as disaster relief, poverty alleviation, or assistance to the disabled."
Exposing private photos or demanding money from people at their homes may constitute extortion, disorderly conduct, or other violations of public order.
• Legal basis:
《Criminal Law of the People's Republic of China》Article 274："Whoever extorts public or private property, where the amount is relatively large or the extortion is repeated, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, or public surveillance, and may also be fined; where the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined; where the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than ten years, and shall also be fined."
《Criminal Law of the People's Republic of China》Article 293："Anyone who commits any of the following acts of provoking trouble and disrupting social order shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention, or public surveillance: (1) arbitrarily assaulting others, where the circumstances are egregious; (2) chasing, intercepting, insulting, or intimidating others, where the circumstances are egregious; (3) forcibly taking or arbitrarily damaging or occupying public or private property, where the circumstances are serious; (4) causing serious disruption to public order by creating disturbances in public places. Anyone who assembles others to repeatedly commit the acts mentioned in the preceding paragraph, seriously disrupting social order, shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and may also be fined."
《Law of the People's Republic of China on Penalties for Administration of Public Security》Article 42："Anyone who commits any of the following acts shall be detained for up to five days or fined up to 500 yuan; if the circumstances are serious, he/she shall be detained for five to ten days and may also be fined up to 500 yuan: ... (vi) peeping, taking photos secretly, eavesdropping, or disseminating the privacy of others."
《Law of the People's Republic of China on Penalties for Administration of Public Security》Article 26："Anyone who commits any of the following acts shall be detained for not less than five days but not more than ten days and may also be fined not more than five hundred yuan; if the circumstances are serious, he shall be detained for not less than ten days but not more than fifteen days and may also be fined not more than one thousand yuan: (1) engaging in gang fights; (2) chasing or intercepting others; (3) forcibly taking or arbitrarily damaging or occupying public or private property; (4) other acts of provoking trouble."
Qin Dian Law Firm's Exclusive Heartwarming Tips for Qixi Festival
① 520、1314Once you send out these kinds of love-themed red envelopes, don't expect them back.
② Exceeding1For large transfers of tens of thousands of yuan, try to note the purpose, such as "loan" or "bride price". A few words can save you tens of thousands of yuan in trouble.
③ Don't delete chat logs and transaction records. Keeping these as evidence is not a sign of distrust, but a way to protect each other.
④ True love doesn't rely on huge sums of money to prove it; romance backed by the law lasts longer.
Comments section: What's the most outrageous amount of money you transferred during your relationship? I can help you determine if you can get it back.