Article 10 of the Interpretation No. 2 of the Supreme People's Court on Several Questions Concerning the Application of the Marriage Law of the People's Republic of China stipulates that: "If a party requests the return of a lottery gift paid in accordance with custom, the people's court shall support it if it finds out that it belongs to the following circumstances:
(1) Both parties fail to go through the formalities of marriage registration;
(2) The two parties have gone through the formalities of marriage registration but have not really lived together;
(3) Pre-marital payment, which leads to difficulties in the life of the givers.
The provisions of Items (2) and (3) of the preceding paragraph shall be applied on the condition that both parties divorce." The stipulation of this condition indicates that the people's court formally stipulates how to deal with the lottery disputes in the form of judicial interpretation.
Article 10 of the Interpretation II on the Application of the Marriage Law of the People's Republic of China also stipulates the conditions for the return of divorce lottery gifts. Item (3) stipulates that "premarital payment leading to difficulties in the life of the givers" is a condition for the return of lottery gifts. So how to understand "living difficulties"? Article 27 of Interpretation (2) explains the meaning of "living difficulties": "The term"living difficulties"as mentioned in Article 42 of the Marriage Law refers to the inability to maintain the basic living standards of the local people by relying on personal property and property allocated during divorce."
Accordingly, "living difficulties" should refer to absolute difficulties, not relative difficulties. The understanding of "difficulties in life" in Article 10 of Interpretation (2) should also be consistent with the above explanation. That is to say, absolute difficulty is a real difficulty, because after giving the lottery gift, its life has been unable to maintain the most basic local living standard by its own strength, rather than the loss of property compared with before the lottery gift, which is more difficult than the original living conditions. In this case, the economic situation of the defendant's family itself is very poor, unable to maintain a normal life, but still rely on the unit to provide financial assistance, the life of the defendant after the payment of lottery gifts will be more difficult, we should consider that the living conditions of the defendant belong to the "difficult life caused by the payment of lottery gifts".
If you ask for lottery money or jewelry money, it violates Article 3 of the General Provisions of Chapter 1 of the Marriage Law of the People's Republic of China: "It is forbidden to arrange, buy and sell marriages and other acts interfering with the freedom of marriage." It is forbidden to ask for property through marriage." It is forbidden to ask for property through marriage.
The Interpretation (2) on the Application of the Marriage Law of the People's Republic of China, promulgated by the Supreme People's Court on December 25, 2003 and put into effect on April 1, 2004, makes special provisions on how to deal with the disputes over bride price.
Article 10 of Interpretation (2) stipulates that: "If a party requests the return of the lottery gifts paid according to the customs, the people's court shall support it if it finds out that they belong to the following circumstances: (1) neither party has gone through the formalities of marriage registration; (2) both parties have gone through the formalities of marriage registration but do not live together; (3) premarital payment leads to difficulties in the life of the payers." In understanding and applying the interpretation of this article, we should pay attention to the following three issues.
Can the question of betrothal gifts be regarded as a conditional legal act for the purpose of marriage? That is to say, can the payment of betrothal gifts be treated as a gift with the condition of rescission? We think the answer should be negative.
The basic principle of civil law is the autonomy of private law. Self-governing according to private law, the parties can limit the occurrence or elimination of the effect of legal acts, which is the appendix of legal acts. There are two kinds of supplementary clauses: conditional clause and time limit clause. The reason why conditions and deadlines are attached is that when people act as legal acts, they are mostly based on the understanding of the present situation and the expectation of their future development. In order to enable the parties to plan the future and eliminate uncertain risks, conditions and deadlines can be set in advance. Marriage legal relationship is essentially an identity relationship. The rights and obligations of both parties in marriage on property are attached to the rights and obligations of people. The act of creating such a relationship is an act of identity. The perpetrator must have the desire to marry. However, the conditions and procedures for the establishment of marriage, the effectiveness of marriage and the reasons for the dissolution of marriage are all legal, not the parties'intention. Marriage cannot be regarded as a contract.
Therefore, all countries'civil laws stipulate that such legal acts as marriage, divorce, adoption, dissolution of adoptive relationship, recognition and abandonment of inheritance are not allowed to be conditional and time-bound. China's Marriage Law emphasizes that marriage is based on the principle of both parties'willingness, and the maintenance of marriage relationship is based on the sense of husband and wife's sunshine, without putting economic factors into it. The phenomenon of lottery gifts in our country mostly appears in the underdeveloped rural areas and remote areas. It is a kind of local customary custom, and it is the behavior that people have to do. This phenomenon is not universal, and with the development of society and the improvement of living standards, the concept of equality between men and women is deeply rooted in everyone's hearts, and the phenomenon of marriage demands and gifts will gradually disappear.