Judicial Challenges and Practical Considerations in the Restitution of Property Arising from Betrothal Gift Disputes

Abstract

Abstract

Persistent misconceptions surround betrothal gift disputes in both theoretical research and judicial practice. Such disputes extend beyond mere property restitution, necessitating a clear distinction between the return of betrothal gifts and general property restitution. When addressing property restitution in betrothal gift cases, the discourse should initially focus on the domain of marital customs, followed by the domain of legal application. Betrothal gifts function both as a factual basis for establishing a marriage contract and as an expression of emotional commitment. Their core social function is realized through the formation of a marital relationship and family unit. Acts such as rejection of marriage, marriage fraud, and divorce undermine this social function, thereby constituting valid grounds for property restitution. From courtship to marriage, opportunity costs and risks coexist; consequently, partial restitution represents both a fundamental principle and a common normative approach. Determining the grounds and proportion of restitution constitutes a core judicial challenge in betrothal gift disputes. Thus, in specific judicial practice, it is essential to clearly define the litigation subjects, subject matter of the action, legal facts, and corresponding legal basis. Controversial issues, including the scope and quantum of restitution, as well as enforcement matters, should be adjudicated in accordance with the principle of fairness.