In October 2020, 73-year-old Uncle Zhu was introduced to a woman 21 years younger than himself and established a relationship with him after his wife's death.
During the love period between the two parties, Uncle Zhu not only gave the woman 6,000 yuan in red envelopes, a pair of bracelets and a jade Buddha, but also borrowed money to pay 10,000 yuan for the woman's "face washing" fee. However, at the end of November 2020, the woman asked Uncle Zhu to buy a house for her in Chengdu but was refused by Uncle Zhu, after which the woman broke up with Uncle Zhu on the grounds that her mother did not agree.
After the two broke up, Uncle Zhu repeatedly asked the woman to return the property and was refused, so he sued the court. The court held that the woman's acceptance of Uncle Zhu's property because of the establishment of a romantic relationship between the man and the woman did not constitute legal unjust enrichment, and based on this, it rejected Uncle Zhu's claim. (Source: Jiupai News)
73-year-old uncle, 52-year-old girlfriend, 21-year-old age difference, less than 2 months of love relationship, the woman also asked her boyfriend who has passed the age of ancient to buy a house in the provincial capital city, and finally the woman also broke up on the grounds that her mother did not agree, and so on, no matter how others look at it, they will feel that this case is somewhat absurd.
So, the question is, why didn't the court support Uncle Zhu's claim?
In this case, Uncle Zhu demanded the return of property on the grounds of unjust enrichment, and in law, the establishment of unjust enrichment needs to meet four elements, first, one party wants to obtain benefits, secondly, the other party has to suffer corresponding losses, third, there is a causal relationship between one party obtaining benefits and the other party suffering losses, and finally, there is no legal basis for the act of obtaining benefits.
Specific to this case, from the basic facts of the case, Uncle Zhu's act of paying red envelopes, bracelets, jade Buddhas, and face washing fees is a gift of money and goods voluntarily for the purpose of establishing a romantic relationship and enhancing the feelings of both parties, which belongs to the situation where one party gives and the other party accepts the gift.
Moreover, in real life, similar to Uncle Zhu's gift behavior in order to establish a romantic relationship and enhance feelings, as long as there is no revocation condition, the party who pays the property requires the party who accepts the property to return the property, usually will not be supported.
In this case, the court held that Uncle Zhu's behavior of paying for the woman's property or paying for the woman's consumption behavior when he was in love was a normal life norm and a normal social behavior, and the law did not advocate or prohibit it.
Therefore, the woman's act of accepting Uncle Zhu's red envelopes, bracelets, jade Buddhas and paying for his face washing during the love affair with Uncle Zhu did not meet the requirements for unjust enrichment, and there was no legal basis for Uncle Zhu's request for the woman to return the property.
In addition, in just 2 months between Uncle Zhu and the woman, Uncle Zhu and the woman did not reach an agreement on marriage, and at the same time transferred the red envelope, bracelet, jade Buddha and face washing fee to the woman through actual delivery. According to the provisions of the Civil Code that the donor can exercise the right of arbitrary revocation and the statutory right of revocation, Uncle Zhu also does not have the right to demand the return of the property by revoking the gift.
Therefore, for men and women during the period of love, if they want to give money to each other to achieve the purpose of enhancing feelings, or to achieve the purpose of marriage, they must agree with the other party on the nature of the property before the transfer of property rights, or agree on the conditions for accepting the property and the obligations that the party receiving the property should perform.
However, if it is so clearly stated during the love period between the two parties, it will definitely make the feelings of both parties deteriorate or even become monetary, so, still that sentence, how cautious it is to pay for property during love, not to rely only on their own enthusiasm and crazy output, to do according to their own economic ability and the emotional progress of both sides, do not wait until after the breakup to rip each other. #Nanchong Headline#
What do you think about that?
#老人拒绝给女友买房遭分手 The lawsuit was dismissed #
