These days, a micro-blog named "Can you accept dutch treatment when you just started dating" has attracted my attention.  Love relationship is an intimate relationship not protected by law. There are so many lover who love each other deeply but confront at court after they break up, which some wretched people both lost their love and money. As the saying goes, every brother knows his own account, let alone a romantic relationship? Here is a love secret method for you, teach you to understand the economic and legal issues in love ~

1. Former lover go their separate ways and sue for refund of love expenses

How to calculate the daily expenses, gifts, red envelopes, etc. in a normal dating relationship after breaking up ?

In legal and judicial practice, the lover’ activities such as eating shopping and watching movies, enjoying the flowers the moon and Qiuxiang, everyday a 520 red packet, etc. are often regarded as unconditional gifts to enhance the feelings of both parties. As soon as gifts are given and the money is transferred, the ownership will be vested in the other party and it is difficult to preserve evidence even if they want to claim unjust enrichment, which they basically do not need to consider the issue of return. So if you have an ex who broke up and asked for costs of flowers during the relationship, the door is over there thank you.

But，there are exceptions~

One is the underage love, like those students early love in junior and high school, they are persons with limited capacity for civil conduct stipulated in the Civil Law for which they can only independently carry out civil legal acts of pure benefit or civil legal acts corresponding to their age and intelligence. The implementation of other civil legal acts needs to be represented by their legal representatives or consented/consented thereafter by their legal representatives.

Second, gifts those are given for the purpose of marriage. When the love relationships become solid, rings, cars or payroll cards may be given, these gifts’ amount are larger and they are more expensive, which in the judicial practice, they will be considered as conditional gifts for someone to marry, if the marriage did not form, giving will not take effect.

Four months ago in Nanchang, Xiong concealed his identity of a married man and fell in love with a lady Liu. Later after Liu discovered, she broke up with Xiong and sued him to return the price of a car, a gold chain and an iphone that Liu bought for him during their relationship. I believe after the above discussion you smart people can guess that the Nanchang intermediate people's court of the second instance determined that the property exchange in this case was due to the love relationship between the two people and not a case of unjust enrichment dispute, and there was no evidence to prove that gold chain and iphone were unjust enrichment in which  finally the court only supported Liu's claim of the car for 150,000 yuan. Miss liu's experience is a pity and it also remind us to buy gifts within our means and not to regret after breaking up.

2.A couple of lovers living the nest, fighting for each other after broke up

From love relationship to cohabitation, only we need is a house. Many people are inseparable when they fall in love but quarrel with each other after breaking up, the house once they lived together will become the main object of their contention. Our country's law does not clearly stipulate the ownership of the property purchased jointly during the period of love which it is necessary to look at the registration information of the property certificate at this time.

For example, Liang Shanbo and Zhu Yingtai live together with the lover identity, Liang Shanbo contributed 500,000 yuan as a down payment and the house registered in Zhu Yingtai, but good times do not last long they break up, how to divide the house?

Because the house is registered separately under Zhu Yingtai, the two persons are only cohabitation but not couples, so the court will not of course decide the house is belong to them both in which according to the provisions of the Property Law, the house will belong to the property registrant Zhu Yingtai and the way of relief is to stand for the 500000 yuan down payment is based on the premise that marriage will achieve or the down payment should be returned. But in this way it is time-consuming and laborious, therefore to remind everybody you’d better to register the house under the names of both parties.

According to the case analysis of Guangdong Province, in judicial practice, if the house is registered under the names of both parties and the nature of the house is joint ownership, the court will usually determine that the house belongs to both parties for a joint ownership. In the disposal of property, the principle is that the proportion of each party accounts for 50% but it does not rule out that judges will make appropriate adjustments according to the actual investment ratio of both parties.

As for the registration under the names of both parties which there is no agreement on whether the houses are several possession or joint ownership, except co-owner have family concern, all regard as several possession, if the two parties have not agreed on the share of the houses, the share of the houses shall be calculated according to the proportion of capital contribution. Attention here is agreement first, for example if Liang Shanbo and Zhu Yingtai concluded a purchase agreement agreed that they had half of the house, then the law will allowed because love is priceless as long as Liang Shanbo is willing to ~

3.I thought I will marry you , you just want to cheat wedding gifts

At present, in some place of our country, there is still a custom of giving wedding gifts that is as low as tens of thousands and as high as millions. It will lose a lot if spent the bride price but haven’t get married. Therefore, the Supreme Court issued a special judicial interpretation and established a set of trial rules: as the criteria, the wedding gifts can not be returned, but it can be returned if 1)the couple of lovers hadn’t married 2)or they divorced soon after married being separated during the marriage 3）or a man who was too poor too live after giving the wedding gifts, provided that they divorced. Love is pleasant but giving wedding gifts should be cautious~

Love, of course, is to trust each other, but there are a lot of economic exchanges in love. Instead of suspicion, it is better to learn together~ Transpond to your lover, master the secret method of love together, let your love sober, transparent and reassured!