1. What should I do if an unmarried woman cheats on the bride price?
If the woman has no intention of getting married at all, but only for the purpose of defrauding the bride price, and the amount of fraud is large, she may be suspected of fraud and can call the police; If the woman can't continue to maintain the marriage relationship because of objective reasons, the bride price paid by the man can ask the woman to return it in full.
2. What are the conditions for returning the bride price?
1. Principles to be followed in resolving bride price disputes. Deciding whether to return the bride price is mainly based on whether the parties have concluded a marriage relationship. If no marriage relationship is concluded after the bride price is paid, the bride price should be returned in principle; Married, in principle, do not return the bride price (except in some special circumstances); If a marriage ceremony is held according to custom but a marriage certificate is not obtained, the bride price will not be returned in principle when cohabitation is terminated.
2. If the bride price is paid before marriage, the request for return must be considered on the premise of divorce. If, after the bride price is paid, during the marriage relationship, the payer requests to return the payment, it will not be supported, because at this time, both husband and wife are still the same body and follow the legal property of husband and wife. If the parties put forward the request at the same time as the divorce proceedings, and the court allows the divorce, it may decide whether to support the request for returning the bride price according to the situation; If divorce is not allowed, the request of the parties to return the bride price cannot be supported.
Paying bride price before marriage must be a local custom. Generally speaking, the bride price problem mainly exists in a large number of rural areas and relatively underdeveloped areas in China. Most people's weddings are based on customs. If there is no local custom, there is no question of paying bride price. How to deal with the property that cannot be recognized as a bride price and belongs to the interaction between men and women depends on its specific situation and nature, and the court will deal with it according to law.
4. When the bride price is paid, it is necessary to distinguish the subjective wishes of the parties. Generally speaking, the payment of bride price is often forced by local market and social pressure. It is a general gift behavior that is completely voluntary and does not attach any conditions. Unless otherwise specified, the request to return the bride price is usually not supported.
5. After the bride price is paid, the marriage is registered, but the two parties are not really living together, and those who ask for the return of the bride price should be supported. After marriage, if the two parties have not lived together, there will be no experience of helping each other and living together, and the real common life has not yet begun.
6. The giver and receiver of bride price should be interpreted broadly. In practice, the payment of bride price is not just a matter between men and women, but often involves the communication between two families. The giver and receiver of bride price should be understood in a broad sense, not only referring to both men and women who are preparing to enter into marriage, but also including their relatives. In real life, the bride price is often paid to the bride's family and is rarely used for marriage between men and women; Many times, the bride price is paid by the whole family with the same property or even the same debt. In view of these specific circumstances, if the subject of the payer and the subject of the payee are interpreted restrictively, it will not be conducive to the proper settlement of such disputes.
7. Premarital payment brings difficulties to the payer. This is a special case of bride price return. There are absolute and relative difficulties in life. The absolute difficulty is that its life has been unable to maintain the most basic living standards in the local area on its own. Relative difficulty: the payment of bride price has caused a great disparity in life before and after, which is more difficult than the original living conditions. The original intention of judicial interpretation is the provision in the former sense, that is, it is extremely difficult.
8. Applicable statute of limitations for bride price return. The return of the bride price is limited by the common statute of limitations, that is, two years. Starting from the limitation of action, according to the provisions of the General Principles of the Civil Law, the infringement starts from the day when the parties know or should know. Therefore, the starting point of such disputes is: if the two parties have not concluded a marriage relationship, the payer should perform the rights in time and claim the rights from the other party. If the other party refuses to return it, the limitation of action begins to calculate; If both parties register for marriage, the payer shall know that his rights have been infringed, and the limitation of action shall be counted from the date of dissolution of the marriage relationship.
If the woman simply swindles money, she can call the police directly and will be punished according to the crime of fraud. However, if the woman does not want to have a marriage relationship with the man, it is not illegal to return all the bride price money, and it should be judged according to the situation.