I. Definition and nature of bride price and dowry
The bride price usually refers to the property given by the man or his family to the woman or his family according to the custom when concluding the marriage relationship. Patriarchy is the property provided by the woman or her family for her marriage life when she gets married. Both of them are regarded as part of marriage in traditional customs, but their legal nature is different.
Second, the attribution of bride price and dowry.
Regarding the attribution of bride price and dowry, the current laws in China have not given a clear definition. However, in practice, the attribution of bride price and dowry is often influenced by many factors, such as family economic situation, local customs, negotiation between the two sides and so on. In most cases, the bride price is regarded as a gift from the man or his family to the woman or her family, while the dowry is usually regarded as the property of the woman or her family.
However, it should be noted that the ownership of bride price and dowry is not static. During the marriage relationship, these properties may change due to the use, management or appreciation of both parties. In addition, if both parties to the marriage have an agreement on the attribution of bride price and dowry in advance, then these agreements will also affect their attribution to some extent.
Third, the legal treatment of bride price and dowry.
When dealing with bride price and dowry, we should abide by laws and regulations, respect local customs, and consider the actual situation and wishes of both parties to the marriage. Any dispute can be settled through negotiation, mediation or litigation. In this process, the court will make a ruling on the ownership of bride price and dowry according to the actual situation and legal provisions.
To sum up:
The attribution of bride price and dowry involves many aspects, including definition, nature, attribution and legal treatment. In practice, we should combine laws and regulations, local customs and the actual situation and wishes of both parties to make a comprehensive judgment. It should be noted that bride price and dowry are not simple gifts or property issues, but important aspects involving the rights and interests of both parties to the marriage. Therefore, when dealing with such problems, we should maintain an objective and fair attitude and safeguard the legitimate rights and interests of both parties to the marriage.
Legal basis:
People's Republic of China (PRC) Civil Code
Article 1062 stipulates:
The following property acquired by the husband and wife during the marriage relationship is the common property of the husband and wife and belongs to the husband and wife:
(1) Wages, bonuses and remuneration for labor services;
(2) Income from production, operation and investment;
(3) Income from intellectual property rights;
(4) Inherited or donated property, except as provided for in Item 3 of Article 1063 of this Law;
(five) other property that should be owned by * * *.
Husband and wife have equal rights to dispose of the same property.
People's Republic of China (PRC) Civil Code
Article 1063 stipulates:
The following property is the personal property of one of the spouses:
(1) one party's premarital property;
(2) Compensation or compensation obtained by one party for personal injury;
(3) Property that is determined to belong to only one party in the will or gift contract;
(4) Daily necessities used exclusively by one party;
(five) other property that should be owned by one party.