Journal of Chaohu University ›› 2024, Vol. 26 ›› Issue (2): 24-34.doi: 10.12152/j.issn.1672-2868.2024.02.004

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Improvement of Betrothal Gift Return Rules Under the Integration of Law and Custom: A Case Study of Judicial Decisions in Fujian Province

ZHANG Yu-qian,CHEN Wen-xing:School of Public Administration and Law, Fujian Agriculture and Forestry University   

  1. School of Public Administration and Law, Fujian Agriculture and Forestry University, Fuzhou Fujian 350002
  • Received:2023-10-13 Online:2024-03-25 Published:2024-09-14

Abstract: Betrothal gifts hold an indispensable role in the marriage customs of many regions, leading to frequent disputes over their return. Due to the overly simplistic legislative provisions on the return of betrothal gifts and the diverse customs across different regions, courts face significant variability in the factors they consider when handling such disputes, affecting the consistency of judicial decisions. This study focuses on judicial decisions in Fujian Province, analyzing the shortcomings in the adjudication of betrothal gift return disputes. It suggests that, based on defining the nature and scope of betrothal gifts, courts should reference local customs to clarify the circumstances under which betrothal gifts should be returned. Additionally, the study explores the proportion of betrothal gift returns in conjunction with local customs and proposes a unified standard for determining "financial hardship". These measures aim to further improve the rules for the return of betrothal gifts through the integration of law and custom.

Key words: betrothal gift return, national law, custom

CLC Number: 

  • D923.9