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.
ZHANG Yu-qian, CHEN Wen-xing
. Improvement of Betrothal Gift Return Rules Under the Integration of Law and Custom:
A Case Study of Judicial Decisions in Fujian Province[J]. Journal of Chaohu University, 2024
, 26(2)
: 24
-34
.
DOI: 10.12152/j.issn.1672-2868.2024.02.004