关键词: 婚约财产纠纷, 彩礼返还, 财产范围, 返还比例

Abstract: The "Judicial Interpretation of the Civil Code, Marriage and Family Edition (1)" implemented in 2021 stipulates three scenarios for the return of the wedding gift. However, the over-generalized provisions have unsatisfactory guiding value for judicial practice. In judicial practice, the phenomenon of different judgments for similar cases needs to be addressed. After applying the empirical analysis method to the 95 judgment documents issued by the Anhui Provincial Court in 2020, it is found that the subject of the return of the gift is unknown, the scope of the gift property is unknown, and there is not a standard system for the proportion of the gift return. These are an important reason for the phenomenon of different judgments for similar cases. In response to the actual problems that arise in practice, it is necessary to determine the subject of the gift return, clarify the scope of the property, and improve the standard system for the proportion of the gift return, and incorporate new regulations such as the no-fault principle into specific countermeasures, which can provide reference for the judicial practice.

Key words: marital property disputes, return of wedding gift, the scope of property, return proportion