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If the husband is sick and dissolves the marriage, should the bride price be returned in full? The court decided

If the husband is sick and dissolves the marriage, should the bride price be returned in full? The court decided

Zhou is an older unmarried young man

met Lin under the guidance of a matchmaker

If the husband is sick and dissolves the marriage, should the bride price be returned in full? The court decided

The picture comes from the Internet and has nothing to do with this case

After months of understanding

Lin followed Zhou to live in Shengsi, Zhoushan

And run a small shop together

Zhou went to Lin's hometown to discuss the engagement

The two parties agreed on a bride price of 180,000 yuan

After getting engaged, obtaining a license, and getting drunk, 60,000 yuan was paid in 3 installments

After the two got engaged

Zhou transferred money to pay the first bride price of 60,000 yuan

If the husband is sick and dissolves the marriage, should the bride price be returned in full? The court decided

The picture comes from the Internet and has nothing to do with this case

Unfortunately, however

Three months later, Zhou suffered a sudden cerebral hemorrhage

Lin accompanied Zhou to many places for treatment for several months without improvement

The wedding of both parties also fell through

Zhou's family was also treated for illness

Financial difficulties arise

Zhou sued the court

On the grounds that the parties have not registered their marriage

Lin was asked to return the bride price of 60,000 yuan

If the husband is sick and dissolves the marriage, should the bride price be returned in full? The court decided

The picture comes from the Internet and has nothing to do with this case

After the presiding judge receives the case

Contact both parties for mediation as soon as possible

Inform the percentage of the bride price

It should be combined with the consumption of key money

Factors such as the living conditions of the two parties living together are taken into account

The judge said

Lin and Zhou have been living together for half a year

And after Zhou's illness, Lin fulfilled his duty to accompany him

There are also certain expenditures during this period

It is advisable to take into account a combination of factors

Return the bride price of 36,000 yuan

Both parties agreed on the amount

If the husband is sick and dissolves the marriage, should the bride price be returned in full? The court decided

What the judge said

On February 1 this year, the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Involving Disputes Involving Bride Price came into effect, and the new regulations improved the rules for the return of bride price, taking the length of living together as an important factor in determining whether and what proportion of the bride price should be returned.

In this case, although the plaintiff and defendant had not registered their marriage, they had already lived together. If the bride price is returned in full just because the marriage has not been registered, it is contrary to the principle of fairness and is not conducive to protecting the legitimate rights and interests of women. Therefore, the judge comprehensively considered the actual use of the bride price and other facts, and determined the specific proportion of the return.

Source: Zhejiang Legal News, Shengsi Court, Ping An Zhoushan