After the Valentine's Day Red Envelope boom, one of the questions in Chinese WeChat legal groups for lawyers was: can you get back the full amount of the Valentine's Day red envelope after a breakup?
The lawyers replied:
Article 657 of the Civil Code of China establishes that a gift agreement is an agreement under which the donor transfers his property to the donee free of charge, and the donee expresses his consent to the donation. Article 658 The provisions of the preceding paragraph do not apply to a notarized gift deed or a gift deed of a public welfare nature or a moral obligation, such as disaster relief, poverty alleviation, and assistance to the disabled, which cannot be revoked by law.
In this regard, the judge of the Tianjin High Court said that the consumer activities of giving gifts to each other or spending money to cultivate feelings between men and women during their relationship, as a rule, are in the nature of gifts. Gifts of property or daily consumption expenses during the relationship, such as WeChat “520” red envelopes, anniversary gifts, etc., should generally be considered necessary expenses for the maintenance of the relationship or general consumption by both parties, and should not be required to be returned. In practice, gifts of large amounts of property that occur between a man and a woman for the purpose of marriage during a relationship far in excess of personal income and consumption are usually matched with the actual state of affairs and will be taken into account. the family income of both parties, the length of time spent together, and the economic exchange of both parties, etc.
However, the judge recalled that since a gift cannot in principle be withdrawn after the actual performance, a person who repents and asks for a return after paying for property during a relationship or giving a gift may not receive legal support. Therefore, evaluate in advance the responsibility for your own financial capabilities.
But is it possible to send a red envelope in such a way that it can then be returned?
Here, the lawyers gave the following "behavior strategies" on the Internet: it is recommended that the party sending red envelopes can send ordinary amounts such as 100, 1000, 10,000 yuan, and pay attention not to write words such as "I love in the notes and it is recommended to use "This is the money you want". The party receiving the red envelope can respond to "Thank you dear, I really like the red envelope during the festival" when receiving the red envelope, to capture the nature of the red envelope as a general money transfer and not a gift.
Shanghai WeChat Group's legal advisor said: "First of all, there is no limit on the shape of red envelopes, which can be WeChat red envelopes, WeChat transfers, Alipay transfers, bank transfers, etc. Whether it is sending ordinary red envelopes, transfer 520 yuan, 1314 yuan or sending several red envelopes to make 520 yuan and 1314 yuan, in the eyes of the judge, this is considered a red envelope. There is no difference between regular amount red envelopes and special value red envelopes. Secondly, judges do not draw conclusions based on one or two sentences. Article 185 of the Law on Contracts states: “A donation contract is a contract under which the donor transfers his property to the donee free of charge, and the donee expresses his consent to the donation.”
One of the lawyers reported that the party issuing the red envelope came to court to claim that the red envelope was a loan and asked the other party to return it and it was necessary to provide specific agreed information, including the red envelope/transfer records, complete records chat, IOUs, reasons for borrowing, interest repayment and repayment period. If the party sending the red envelope can clearly provide evidence and the logic is clear, they can qualify for a credit relationship and a full refund.
Lawyers recalled that special amounts such as 520 yuan, 1314 yuan, 9999 yuan, etc. can be considered gifts of special significance and cannot be returned