How to refund the gold and silver jewelry given to the woman when the man given to the woman
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When they got married, the man bought jewelry for the woman after marriage. When the two sides divorced these jewelry, they could not be divided, and they were still owned by the original user.
First of all, these jewelry have personal specialty.
Secondly, according to universality, the users of jewelry are basically women, and taking care of women in the Civil Code is a principle of the law.
again, these jewelry is not a necessity of life. You can buy these jewelry at home, indicating that the financial conditions at home are very good, so it does not divide the jewelry and does not affect the living conditions of one party. Gold and silver jewelry are deemed to be a gift to the woman, and generally do not need to return.
only one of the three legal circumstances can be refunded.
1. If the two parties do not go through the marriage registration procedures;
2, the two parties go through the marriage registration procedures but do not live together;
3, the pre -marital payment and the difficulty of paying the life after marriage.
[Legal basis]
The explanation of the Supreme People's Court on the application of the marriage and family editor of the "People's Republic of China" (1) Article 5 of the party requests to return the gifts paid in accordance with the custom. In the following circumstances, the people's court should support:
(1) The two parties have not completed the marriage registration procedures;
(2) the two parties go through the marriage registration procedures but do not live together;
(3) Pre -marriage payment before marriage And lead to difficulty in paying people.
If applicable to the provisions of the second and third paragraphs of the preceding paragraph shall be based on the divorce of both parties.