Court: This is not supported

2022-05-16 0 By

Rufa Case 105 Love is sweet, but no matter how close a lover is, he or she will also experience quarrels and conflicts. Some people survive the compatibility period and end up getting married, while others see the incompatibility and end up going their separate ways.When they break up, the real question is how to split the costs of the relationship.From the legal point of view, some fees can be required to return, and some are not possible, with xiaobian together to look at today’s case ~ basic case plaintiff Li mou and defendant Wang mou had a love relationship, knew the initial feelings are still good, and soon into love,During the courtship, both parties paid each other many sums of money, ranging from thousands to dozens of yuan, through wechat transfer and other forms. After dating for about two years, both parties decided to get engaged, but the engagement was terminated due to emotional discord.Subsequently, the defendant Wang mou returned the bride price to the plaintiff Li mou, the plaintiff Li mou thought that he and the defendant Wang mou had broken up, and the purpose of the registration of marriage can not be realized, the defendant Wang mou should be returned during the association of love expenses and the cost of shooting wedding photos, a total of more than 28,000 yuan.Subsequently, plaintiff Li mou with defendant Wang mou undeserved gain ground, its appeal to the court.The court heard that according to article 985 of the Civil Code of the People’s Republic of China, unjust enrichment refers to obtaining improper interests without legal basis and causing losses to others, and the obtained improper interests should be returned to the person who suffered the loss.Li mou in this case, the plaintiff and the defendant wang mou had a relationship, the plaintiff li mou in voluntary to pay the defendant wang mou amount range during the period of both sides in love, more money, and a willingness to pay for their wedding photos, all the charge of defray of the department for the purpose of fall in love, do not belong to the legal relationship of unjust enrichment in the improper benefit, and the defendant wang mou also has li mou on the plaintiff to pay money,Both sides in love during the common produce some costs, even one party costs more than the other costs, are voluntary behavior at that time, and it is to the daily life of people about dating behavior habits, in the absence of evidence to prove that the two sides for the cost burden of existence at that time under the condition of definite agreement, li mou requires the defendant to the plaintiff wang mou to return money, the court shall not support.Article 985 where the beneficiary has obtained improper interests without legal basis, the person who suffered a loss may request the beneficiary to return the interests obtained, except under any of the following circumstances :(1) payment made for the performance of moral obligations;(2) repayment of debts before maturity;(3) discharge debts knowingly without obligation to pay.The judge said that unjust enrichment means that the unjust gain without legal basis and resulting in the loss of others should be returned to the person who suffered the loss.During the love between a couple or a voluntary to pay the other amount of money more, especially with special moral transfer amount (520, 521, 1314, etc.) for example, or voluntary burden a common cost, as long as not clearly beyond the scope of the economic conditions allow, in general are to show his love for the purpose of the charge of defray of the voluntary,It is also in line with People’s Daily habits about love and marriage, and does not belong to the improper interests in the legal relationship of unjust enrichment. After the two parties break up, one party sues to return, which should not be supported by the people’s court.During love, both men and women should treat economic problems rationally. Both national laws and social morality do not encourage men and women to spend money beyond their economic capacity during love. Moreover, it is forbidden for one party to obtain property or make profits through marriage.When one party explicitly proposes to the other party a loan during the period of love, it shall clearly agree and pay attention to the preservation of relevant evidence.For example: iOU, wechat chat records, call recording or in the transfer of good remarks on the purpose of money and other relevant materials to confirm the true meaning of both parties, once the two parties have a dispute or one party’s rights and interests are damaged, can be used as evidence to the people’s court litigation.Court: This Case is Not Supported