1, which does not conform to the provisions of Article 10 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (II). If one party requests to return the bride price, it will not be supported. In addition, the situation of "premarital payment, causing difficulties to the payer" in this article should be interpreted restrictively.

This situation refers to the situation that the bride price payer borrows money before marriage and has no financial resources to repay debts after marriage, or pays with family property before marriage and has no fixed financial resources after marriage, so he can't maintain the most basic living standard on his own.

Determine "life difficulties"? It needs to be comprehensively considered according to the amount of bride price, the source of life of the payer, the local living standard and other factors, and reasonably determined with reference to the current local minimum living standard.

2. In line with the situation that "premarital payment causes difficulties to the payer" as stipulated in Item (3) of Paragraph 1 of Article 10 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (II), but one party has lived together for more than two years and given birth to a child, or the bride price has indeed been used in the same life, and one party requests the other party to return the bride price. It is divided into three situations:

1. A man and a woman have lived together for more than two years without going through the marriage registration formalities.

Two, the two sides did not go through the formalities of marriage registration, living together for less than two years, but have children.

Third, the bride price received has indeed been used for common life.

How to grasp the third situation in judicial practice is explained as follows: first, it is required to use "really have" in the same life. This requires the party accepting the bride price to provide sufficient evidence to prove it, so as to avoid refusing to return the bride price as an excuse; Secondly, the dowry purchased by the woman before "marriage" is used by both parties and cannot be regarded as being used for common life.

Because the bride's dowry is her "pre-marital" property, and the man also has his pre-marital property for living together during the period of both parties, this provision cannot be used; In addition, the definition of * * * with life is mainly limited to the actual expenses of family members for life and production needs, such as the expenses of one or both men and women getting sick, and the investment of * * * with the cause.

How to grasp the third situation in judicial practice is explained as follows: first, it is required to use "really have" in the same life. This requires the party accepting the bride price to provide sufficient evidence to prove it, so as to avoid refusing to return the bride price as an excuse; Secondly, the dowry purchased by the woman before "marriage" is used by both parties and cannot be regarded as being used for common life.

Because the bride's dowry is her "pre-marital" property, and the man also has his pre-marital property for living together during the period of both parties, this provision cannot be used; In addition, the definition of * * * with life is mainly limited to the actual expenses of family members for life and production needs, such as the expenses of one or both men and women getting sick, and the investment of * * * with the cause.