1. If a man and a woman live together and break up, will the bride price given by the man be refunded?
The bride price can be refunded after the couple breaks up, but only under certain conditions.
The people's court shall support the request of the parties to return the bride price paid according to the custom if it is found that it belongs to the following circumstances:
(1) Both parties have not gone through the marriage registration formalities;
(2) Both parties have gone through the marriage registration formalities, but they have not lived together;
(3) premarital payment, causing difficulties to the payer.
Second, does the bride price belong to the woman's personal property or the husband and wife's property?
If the bride price is given to the woman, it is her personal property; Otherwise, it should be the joint property of husband and wife.
(1) If the bride price is accepted or purchased by one party, it shall comply with the provisions of Article 1062 of the Civil Code of China.
There is no special agreement on the property donated by one party during the existence of the relationship between husband and wife, and it should be the joint property of husband and wife.
(2) If both men and women do not live together, they can consider the reasonable division of property according to Article 5 of the Supreme Court's Several Specific Opinions of People's Courts on Handling Divorce Cases 1993.
(3) If the marriage between the two parties lasts for a short time and the bride price is given to one party, which causes difficulties in life, it can be handled with reference to the spirit of Article 8 of the People's Court's Several Specific Opinions on Handling the Division of Property in the Trial of Divorce Cases. When dividing the same property, the party with difficulties in life can be appropriately inclined.
Article 1042nd of the Civil Code is about the prohibition of marriage and family. Five prohibitive clauses in marriage and family life are stipulated.
They are:
(1) Arranging, buying and selling marriages and other acts that interfere with the freedom of marriage are prohibited;
(two) it is forbidden to ask for property by marriage;
(3) Prohibition of bigamy;
(4) domestic violence is prohibited;
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5) Abuse and abandonment between family members are prohibited.
If the parties commit these prohibited acts, they need to bear the corresponding legal consequences. For example, arranged and bought marriages are revocable; Bigamy is an invalid marriage.
The Civil Code stipulates that marriage cannot be bought or sold, but property can be acquired through marriage. If the bride price is given to the woman in the form of a gift, it belongs to the woman's personal property, not to her parents. If a man and a woman break up, as long as they are not married, they can all return the bride price.