Transferred 520,000 to his girlfriend but broke up—should red packets given during the relationship be returned after the breakup?

Compiled from: China Youth Daily, China News Service, The Paper, Hangzhou Daily
 
The Guangzhou Liwan District People's Court previously ruled on a case where a man transferred 520,000 yuan to his (ex) girlfriend on May 21, 2018, which was ultimately deemed a loan rather than a "gift of love," and the (ex) girlfriend must repay it.

 
Xiao Liang (pseudonym) and Xiao Fu (pseudonym) started dating in March 2018 and broke up in September of the same year. During their relationship, Xiao Liang transferred a total of 2.02 million yuan to Xiao Fu in multiple transactions, without signing a loan contract or issuing an IOU. Among these, on May 21, 2018, Xiao Liang transferred 520,000 yuan to Xiao Fu. On June 11 of the same year, Xiao Fu transferred 500,000 yuan to Xiao Liang.

 
After the breakup, Xiao Liang filed a lawsuit in court, claiming that the 2.02 million yuan he transferred to Xiao Fu was a loan. Since Xiao Fu had already repaid 500,000 yuan, he demanded that Xiao Fu return the remaining 1.52 million yuan in principal and interest.

 
In court, Xiao Fu argued that the 2.02 million yuan was part of the close financial ties during their cohabitation as a couple, constituting business dealings or gifts, not a loan. In particular, the 520,000 yuan transferred by Xiao Liang on May 21 was an expression of "I love you" with specific connotations. Therefore, she disagreed with Xiao Liang's claims.
 
一、 Borrowing money during a relationship and breaking up afterward. 后 要还 吗 ?

[1] Personal lending refers to loans between citizens, between citizens and legal persons, and between citizens and other organizations. As long as both parties express their true intentions, it can be deemed valid, and any mortgage arising from the loan is correspondingly valid. Personal lending activities must strictly comply with the relevant provisions of national laws and administrative regulations, and adhere to the principles of voluntary mutual assistance and good faith.
 
[2] During a romantic relationship, it is very common for both parties to give property to each other. To demonstrate unwavering love, when one party faces difficulties, some directly give money, while others give property. The nature of such giving is generally of two types: one is a gift, and the other is a loan.
 
[3] From a legal perspective, borrowing money during a romantic relationship creates a creditor-debt relationship between the man and woman. Therefore, loans made during the relationship should be repaid, even if the borrowing occurs before marriage, it must still be repaid after marriage. Unless the pre-marital debt is used for the purchase of marital property or matters after marriage, there may be situations of debt offset or partial offset after marriage. Even after marriage, the man and woman remain independent individuals, which also excludes the possibility of confusion of creditor-debt rights.
 
[4] 2. Should money borrowed between lovers be repaid? ？
 
[5] In practice, whether money borrowed between lovers needs to be repaid depends on whether the debt has ultimately been terminated. The relevant legal provisions on termination are as follows:
 
According to Article 91 of the Contract Law of the People's Republic of China: "The rights and obligations of a contract shall terminate under any of the following circumstances:
 
1. The debt has been performed in accordance with the agreement;
 
2. The contract is rescinded;
 
3. The debts are set off against each other;
 
4. The debtor has deposited the subject matter in accordance with the law;
 
5. The creditor has released the debtor from liability;
 
6. The rights and obligations are merged in one person;
 
7. Other circumstances under which the contract is terminated as provided by law or agreed upon by the parties.