Degree of love, with his son to grow old, is the most beautiful wish, but halfway parted ways, the end of the grass is not a few, the least of which is the old and dead. But we recently undertook this case, the men and women broke up for the transfer of money during the relationship and whether the need to return to the court.

 

When the man Zhang (a pseudonym, the same below) found us, the case has been in the second prosecution preparation stage. The first prosecution, the court rejected Zhangmou ex-girlfriend Wangmou (a pseudonym, the same below) to get back the money transferred during the relationship all the litigation requirements.

 

Zhang Mou and Wang Mou met in a social software, recognize not long to determine the romantic relationship, Zhang Mou has also taken Wang Mou to meet the parents and relatives at home, the two began to get along with the purpose of marriage. Less than two years of love time, Zhang Mou successively for Wang Mou spent nearly 20 million yuan. This has Zhang Mou initiative to give, there are also Wang Mou explicitly and secretly to Zhang Mou asked for. After the two broke up, Zhang Mou a paper will be ex-girlfriend Wang Mou sued the court, requiring it to return all the expenses and transfers during the relationship.

 

Zhang's first lawsuit, using the cause of the dispute of unjust enrichment, but the court found that Zhang's transfer is based on the gift between the two sides of the romantic relationship, it is not unjust enrichment; coupled with Wang's attitude is resolute, a point will not be refunded. As previously stated, the court rejected all of Zhang's claims.

 

Indeed, this type of case is very worthy of in-depth study in law, with this case, we have reviewed a large number of similar cases of judgment, but also searched a lot of cases. Simply summarized, for this type of case, there are the following main causes of action, loan contract disputes, matrimonial property disputes, gift contract disputes and disputes over unjust enrichment.

 

First, on contractual disputes over loans.

 

The court is more likely to require that both parties have the consent to borrow, and will also take the initiative to scrutinize the source and use of the loan, etc. In this type of case, if one party can only produce a transfer record without any remarks to prove that it is a loan and ask the other party to return it, it is very likely that it will not be supported by the court. Even if part of the amount may be recognized as a loan, familiar amounts such as 520, 1314 and other amounts with specific meanings are generally unrecoverable.

 

Secondly, with regard to disputes over matrimonial property.

 

As the name suggests, it is generally necessary for both parties to enter into a marriage contract as a prerequisite, and the so-called marriage contract property generally refers to a specific amount of property such as the dowry with which we are familiar, and in this regard, we can refer to the provisions of article 10 of the former Judicial Interpretation of the Marriage Law (II) as appropriate. At the same time, through our review of the case, the practice of the court in general can make a certain expansion of the interpretation, such as the two sides to get married for the purpose of paying for the property in some cases can also be recognized as the marriage contract property, or even if not entered into a contract of marriage, but has made for the marriage of the actual specific preparations, etc., then at this time, in the two sides of the marriage of the purpose of the two sides can not be realized can be asked to return the case can be interpreted in the nature of the case for A conditional gift.

 

 

Again, with regard to disputes over gift contracts.

 

In this type of case, the plaintiff usually specifies that the property paid for is a gift with a release condition, and that the corresponding legal act is invalidated when the condition comes into force. In practice, there have been cases in which the courts have upheld this type of case, but the number of such cases is significantly lower than other types.

 

Finally, on the grounds of unjust enrichment.

 

In practice, there are a variety of different standards, in the case of Zhang's first lawsuit, the court held that Zhang gave Wang's gift is based on the romantic relationship between the two sides, not without legal or factual basis, so it can not constitute unjust enrichment. But in the same city within the other court held that the gift occurred when the basis of the relationship between the two parties, but after the two parties broke up, the original relationship and the fact that the original attachment disappeared, so the previous gift became unjust enrichment. At first glance, it seems that the two say have some truth, but there are really contradictory, who is right or leave it to you to decide.

 

Each of these grounds has its own rationale, but each is less comprehensive than the other. And the facts of each case are different.

 

In the case we deal with, zhangmou has taken wangmou met all the family, wangmou also in accordance with the customary receipt of zhangmou family relatives to give the red packets and other belongings; in the process of chatting between the two sides, zhangmou from the beginning to the end of the strong desire to get married with wangmou, wangmou is also a positive response to the two sides have been viewed together and by zhangmou to buy the marital home. Plus most of the expenses are more than Zhang's affordability, but also more than the amount of money spent on the general relationship.

 

After combining the above factors, we considered the closest choice of the marriage contract property disputes, but also retrieved a large number of similar cases to support the court. After we did a lot of preparation work, communication work and court mediation, Wang Mou from the beginning of a point of determination to agree to return part of it, and finally both sides reached mediation.

 

Therefore, if this type of dispute really occurs, it is still necessary to appoint a professional lawyer, based on the actual situation of the case to make a choice.

 

As a lawyer for this case, the client provided me with a large number of WeChat chat records as evidence. Outside the law, looking at the two sides of the chat records from the love and affection, all the way to the bad language, can not help but be a little saddened. Although feelings are blind and impulsive, but this can not be all of life.

 

Now the whole society advocates a more equal relationship between the sexes, so I hope that everyone in the relationship period can be more rational, at least in the economic aspect, according to their own actual situation and economic conditions to stop, according to their ability.