Valentine's Day reminder: Don't go overboard expressing love, gifts are hard to reclaim

📅 2023-02-15 📂 Zhiming Hot CommentsZhiming Hot Comments [1] 🏷️ #Trending #ValentinesDay #Free #Love #Expression #Notice

[4] Compiled from: Red Star News
 
[2] On February 14, as in previous years, the upper limit for WeChat red envelopes was adjusted from 200 yuan to 520 yuan. Since "520" sounds like "I love you" in Chinese, it has become a way for couples to express affection. However, once a couple breaks up, can these special-amount red envelopes be reclaimed?

 
 

Case review
[3] Mr. Liu, in his 30s, is from Panzhihua, Sichuan. At the end of 2021, through a friend's introduction, the divorced Mr. Liu met Ms. Zhou, who was also divorced. As their feelings deepened, they entered a romantic relationship. Mr. Liu dated Ms. Zhou with the intention of marriage. To express his love, he sent her several thousand yuan in WeChat red envelopes.

 
 

[4] "She told me she had bought a house herself and asked me to pay for furnishing it." During the four months of their relationship, Mr. Liu spent over 60,000 yuan on furniture for the new house, clothing, and red envelopes. After last year's Spring Festival, a conflict arose, and Ms. Zhou blocked Mr. Liu on WeChat. On February 14 last year, Ms. Zhou unblocked him and asked him to send her a red envelope. Mr. Liu sent a 52-yuan red envelope, but Ms. Zhou complained it was too little and even showed him gifts from others. At that point, Mr. Liu felt his feelings were deceived, and they parted ways.
 
[5] After the breakup, Mr. Liu demanded Ms. Zhou return the money, which led to a dispute at the police station, but mediation failed. After court proceedings, it was determined that over 37,000 yuan was considered a gift beyond normal daily interactions, while other WeChat red envelopes and clothing expenses were deemed general gifts or shared consumption by Mr. Liu to win favor or enhance the relationship, and thus should not be returned.
 
The court of first instance ruled that Ms. Zhou should return 30,000 yuan to Mr. Liu. Ms. Zhou disagreed with this. Recently, through mediation by the court of second instance, Ms. Zhou voluntarily paid Mr. Liu 18,000 yuan.
 
 
[1] The People's Republic of ChinaCivil Code
Article 657
A gift contract is a contract in which the donor gives their property to the donee gratuitously, and the donee expresses acceptance of the gift.

 
 

 
[1] The author's perspective
During a romantic relationship, it is common for both parties to transfer money or send red packets to enhance their feelings. However, for transfers with special meanings such as "520" or "1314," without explicit explanation, they are usually considered gifts expressing love between couples and are likely to be regarded as gift acts, which are difficult to revoke or demand return even after a breakup. Similarly, red packets with a clear gift purpose follow the same principle; legally, they are gratuitous acts, and the recipient generally does not need to fulfill a return obligation.

It is normal for couples in the honeymoon phase to give each other money or gifts, but for large sums of money or valuable assets, one should maintain necessary sobriety and rationality, and be cautious. In particular, it is important to preserve evidence that confirms the true expression of intent, such as adding notes to explain the actual purpose and intention of the disposition, or retaining relevant original documents (e.g., IOUs, chat records, transfer vouchers), to avoid disputes in the future due to lack of evidence and resulting economic conflicts.

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