Brief facts of the case

Mr. Pan claimed that during the relationship between the two parties, in order to show the sincerity of marriage and the importance he attached to Ms. Wang, he purchased branded shoes, monitors and other gifts for her, and helped her pay her living expenses and house rent through WeChat transfers and remittances many times. Later, Ms. Wang broke up with Mr. Pan on the grounds of personality incompatibility and has no longer contacted Mr. Pan. Since Mr. Pan and Ms. Wang had a relationship for the purpose of marriage, Ms. Wang should return the gifts and money paid for them. Therefore, the lawsuit was brought to the court, demanding that Ms. Wang return the transfer and the discount of the goods totaling 88,217.06 yuan.

Ms. Wang argued that she and Mr. Pan met and lived together while studying abroad. After the relationship ended, Mr. Pan forced Ms. Wang to return to him by asking his parents for money, and filed a lawsuit when the demand was unsuccessful. Mr. Pan's purchase of gifts and transfer of money were all voluntary gifts, and Ms. Wang never coerced them to ask for them. During their cohabitation, all the daily expenses were borne by Ms. Wang, who also bought high-end men's skin care products, shoes and other items for Mr. Pan.

Court of Justice 

After the trial, the court held that during the relationship between Mr. Pan and Ms. Wang, they transferred money and purchased items to Ms. Wang free of charge, and there was a gift contract relationship between the two parties. Paragraph 3 of Article 663 of the Civil Code of the People's Republic of China stipulates that if the donee fails to perform the obligations stipulated in the gift contract, the donor may revoke the gift. Although Mr. Pan asserted that he had donated property to Ms. Wang for the purpose of marriage, and that the gift contract was a conditional contract, and that the condition could not be fulfilled and therefore requested the return of the donated property, it can be seen from the facts investigated by the court that the property claimed to be returned by Mr. Pan in this case was the cumulative amount of multiple small transfers or gifts, many of which were 1314, 521, 52.1, 5.21 and other amounts with special meanings and payments that occur on special dates such as February 14, so the above-mentioned gifts of property should be deemed to be gifts or assistance incurred to maintain feelings and express love, and are not in the category of bride price delivered by unmarried men and women for the purpose of entering into a marriage relationship. In light of the above circumstances, the court did not support Mr. Pan's claim that the conditions of the gift contract involved in the case were revoked due to the failure of the conditions.

Neither party appealed the judgement after it was pronounced, and the judgment is now in force.

Interpretation of the law by the judge

It is not uncommon for couples in a relationship to buy items or transfer money for each other, and it is not uncommon for a relationship to have problems because of a dispute over shopping or money transfer during the relationship. The paying party often claims that the act is in the nature of a loan or a conditional gift, while the receiving party claims that it is an unconditional gift. In the trial of such cases, in the absence of an express agreement between the parties, the court will make a judgment based on factors such as the value of the property, the time and method of payment, the economic dealings between the parties, and the economic capacity.

The outcome of the trial of such disputes usually has the following circumstances: First, it is determined that there is a private lending relationship between the two parties. For example, if one party makes a large transfer to the other party, although no written materials such as an IOU have been signed, it can be confirmed from the communication records and other evidence of the two parties that there is an agreement to borrow money. Second, it is determined that it is a conditional gift. For example, one party gives a relatively large amount of property to the other party for the purpose of entering into a marriage relationship, as is the case with the bride price in traditional Chinese customs. In the event that the parties fail to finally conclude the marriage, the party who gave the property may claim to revoke the gift and return the property. Third, it is determined to be a general gratuitous gift. For example, if a boyfriend or girlfriend makes multiple small transfers, gives red envelopes, or buys daily necessities during their relationship, it can be found to be a gratuitous gift in combination with the facts such as the amount of the transfer, the time, and the living together.

Article 3 of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Bride Prices, which came into effect on February 1, 2024, clarifies the difference between bride price and ordinary property, that is, property paid under the following circumstances is not a bride price: gifts or cash gifts of little value paid by one party at special commemorative occasions such as festivals and birthdays, daily consumption expenses of one party to express or enhance feelings, and other property of little value. This case is in line with the above-mentioned general payment of property. In this case, the value of the items purchased by the husband for the woman did not exceed the reasonable expenses of the daily relationship, and the wife also submitted the corresponding records of the purchase of items for the husband. As for the husband's act of transferring money and giving red envelopes, it is a number of small-amount transfers, including both amounts with special meanings and payments that occur on special dates, and should also be found to be in the nature of general gifts.

It is reminded that men and women in a relationship are easy to deal with money exchanges, purchase items and other things more casually because of their good feelings, and when there are problems in the relationship, they will have disputes due to previous financial problems, and even go to court. It is normal to give money to the other person out of love for the lover, but it is also necessary to do what you can according to the situation, do not give more than you can afford when the relationship is strong, and regret and ask for recovery when the relationship between the two parties breaks down. Of course, if the transfer is made to the other party for the purpose of borrowing, the purpose should be noted and the evidence should be retained, and if the bride price is conditionally given for the purpose of entering into a marriage relationship, the corresponding large amount of transfer records should be kept.

This article is transferred from Beijing haidian Court, and thanks for it.