Reconstruction of the Foundation of the Right to Request the Return of the Dowry
Abstract
The “betrothal gift” system was born in the traditional culture of China for 5,000 years. After thousands of years of baptism, it still plays a huge role in China’s wedding custom. With the development of modern society and economy, the amount of our betrothal benefit turned out to be higher, the more complicated and diverse the types of gifts are.The level of civilization in modern society has greatly improved, people are more advocating freedom, and the probability of divorce between men and women is getting higher and higher, so there are also many issues related to bride price disputes. Although my country has issued the “Interpretation of the Marriage Law (2)”, which gives judges a legal basis for handling such cases, the judicial interpretation is too general and superficial, and cannot fully adapt to today’s complex and changeable trial work. I will discuss my opinions and opinions from some of the current rules for the return of the lottery.References
[1] Dongmei Xu: Jilin University, Research on the Legal Issues of Returning Gifts, 2015.
[2] Yan Chenguang: “Judicial Interpretation of Marriage Law (2) Jurisprudence and Application”, China Legal Publishing House, 2004 edition.
[3] Huang Silk: “Inquiry into the basis and rules of “color gift” return” [J]. “Guild Forum”. 2006, Issue 5.
[4] Yang Suiquan et al.: “New Theory of Marriage and Family Law” [M]. Beijing. Law Press, 2003, first edition.
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