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Title of source: The court supports that in these three cases, the return of the gift may not be due to the change of the woman’s last name and the refusal to pay child support.
On the 30th, the Supreme People’s Court issued an interpretation on the application of the Marriage and Family Chapter of the Civil Code of the People’s Republic of China. It is clearly established that if the parties request the return of the bride price paid in accordance with custom, the popular court will support them if the following circumstances are found: 1. Both parties did not comply with the marriage registration procedures; 2. Both parties went through the marriage registration procedures but did not live together; 3. Payment before marriage causes difficulties for the payer. The provisions of the second and third subsections of the previous paragraph will be subject to the divorce of both parties.
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In addition to the bride price issue, the Supreme People’s Court issued the<中华人民共和国民法典>“The Explanation of Marriage and Family Edition (1)” also mentioned these topics:
Parents should not refuse to pay support due to the change of last name
Parents should not refuse to pay alimony for the change of the daughter’s last name, and if the father or mother arbitrarily changes the girl’s last name to the last name of the stepmother or stepfather, causing disputes, they will be ordered to restore the original surname. Regarding alimony, the judicial interpretation also stipulates that during the divorce process, if both parties refuse to support their children, they may first decide that one of the parties should temporarily support them. This judicial interpretation will be implemented as of January 1, 2021.
The Judicial Interpretation of the Marriage and Family Chapter of the Civil Code: The capital contribution of the parents to buy a house before marriage belongs to personal property.
Effective as of January 1, 2021. The pertinent provisions of the judicial interpretation of the current Marriage Law are maintained. Before the marriage, if the parents contribute to the purchase of homes for both parties, the capital contribution will be understood as a personal gift to their children, unless the parents expressly express that the gift is for both parties.
Once the contracting parties are married, if the parents contribute to the purchase of houses for both parties, it will be dealt with in accordance with the agreement; if there is no agreement or the agreement is not clear, it will be dealt with in accordance with the principles of the relevant provisions of the Civil Code on the joint property of husband and wife.
The judicial interpretation of the Civil Code clarifies the legal status of artificial insemination
During the duration of the marital relationship, the husband and wife accept artificial insemination, and the children born must be considered legitimate children, and the rights and obligations between parents and children will be governed by the relevant provisions of the Civil Code.
