I transferred 520,000 yuan to my girlfriend but we broke up. Do red envelopes given during the relationship need to be returned after a breakup?
Compiled from: China Youth Daily, China News Service, The Paper, Hangzhou Daily
The Liwan District People's Court of Guangzhou previously ruled on a case in which a man transferred 520,000 yuan to his (ex) girlfriend on May 21, 2018. The court ultimately determined that the money constituted a loan rather than a “gift of love,” and the (ex) girlfriend was required to repay it.
Xiao Liang (pseudonym) and Xiao Fu (pseudonym) began 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 on multiple occasions, and the two parties did not sign a loan contract or issue an IOU. Among these transfers, 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 two broke up, Xiao Liang filed a lawsuit with the 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 now demanded that Xiao Fu repay the remaining 1.52 million yuan in principal and interest.
In court, Xiao Fu argued in her defense that the 2.02 million yuan represented close financial ties between the two during their romantic cohabitation, constituting business dealings or gifts rather than a loan. In particular, she claimed that the 520,000 yuan transferred to her by Xiao Liang on May 21 was an expression of the specific meaning “I love you.” She therefore did not agree to Xiao Liang’s litigation claims.
One,
Borrowing money during a relationship and breaking up afterward.
After
Need to pay back.
Is that so?
?
[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?
I'm sorry, but I need the Chinese text you'd like me to translate. Please provide it.
[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 under a contract shall terminate under any of the following circumstances:
1. The debt has been performed in accordance with the agreement;
2. Contract Termination;
3. Mutual offsetting of debts;
4. The debtor has deposited the subject matter in accordance with the law;
5. The creditor waives the debt;
6. The creditor's rights and debts are vested in the same person;
7. Other circumstances where termination is provided by law or agreed upon by the parties.
