The 52 yuan red envelope girlfriend thought it was too little to break up and the man sued to pay back the money, and finally got a lot of refund: popular science for legal professionals
Yesterday, February 14th, Valentine’s Day, WeChat adjusted the upper limit of red envelopes from 200 yuan to 520 yuan as usual.
However, because of money involved, accompanying interpersonal disputes are often indispensable.
According to Red Star News, Mr. Liu from Panzhihua, Sichuan is in his 30s, divorced and single. He met and confirmed a relationship with Ms. Zhou at the end of 2021. During this period, Mr. Liu sent Ms. Zhou thousands of yuan of WeChat red envelopes, many of which had special meanings such as “520”.
At the same time, Ms. Zhou thought that she had purchased furniture for the new house, and successively received transfers of more than 60,000 yuan from Liu, but Mr. Liu was blocked due to conflicts.On February 14 last year, Ms. Zhou removed Mr. Liu from the blacklist and asked the other party to send a red envelope, but only got 52 yuan. As a result, because the amount was too small, the conflict escalated and the two broke up.
Mr. Liu then asked Zhou to pay back the money. Because the mediation failed, the matter went to the court. The first instance found that more than 37,000 yuan was a gift beyond daily communication. General gifts or joint consumption expenditures that enhance feelings should not be returned.
After mediation in the second instance, Ms. Zhou finally refunded more than 48,000 yuan to Liu.
The lawyer said that for transfers such as “520” and “1314” that have certain symbolic meanings, such transfers with special meanings are usually considered to be gifts between lovers to express love if they are not clearly stated. It is regarded as an act of gift and cannot be requested to be returned. Even if they break up, the gift cannot be revoked or the other party should be required to return it.
The court also pointed out that when dealing with similar cases, it will also consider factors such as the income level, consumption level, family income, and whether there is any fault of the party concerned, and comprehensively judge the gift purpose of the donating party to determine whether it should be returned.
If a special party is particularly concerned, the lawyer recommends sending red envelopes or transferring money at 1000/10000/100, and even writing the words “you take the flowers first” in the remarks. deficit.
