Special Disclaimer: This article is an original work by Attorney Shao Shiwei. It reflects only the personal views of the author and does not constitute legal consultation or legal advice on specific matters. For article reprints, legal consultations, or professional exchanges, please add: sswls66.
Author of this article: Attorney Shao Shiwei
1. Small-value items exchanged as customary gifts are generally treated as gifts, and claims for their return are typically not supported.
2. Expenses for joint consumption by both parties, such as purchases of clothing, food, and other daily necessities, or costs for joint travel, although paid by one party, are generally not recoverable because the funds have already been consumed.
3. Valuable property may be subject to return at the court’s discretion. In adjudicating such cases, courts generally consider factors such as local economic conditions and the income levels of both parties to assess the value of the property. For property of significant value or property holding substantial special commemorative significance to the donor, particularly where its transfer has caused impact and hardship to the donor’s life, such as real
estate, automobiles, valuable jewelry, or large sums of cash, although given voluntarily, such transfers are often made with the aim of marriage. Such gifts are substantively implicit conditional gifts, i.e., they carry an implied condition of marriage (given the substantial amounts involved, such transfers are generally presumed to be gifts made for the purpose of marriage and may be deemed as betrothal gifts).
If the couple breaks up before marriage, meaning the condition has not been fulfilled, and one party requests the return from the other, the court will, at its discretion, support the request for return.
4. “Betrothal gifts” given during a romantic relationship. According to the provisions of the Interpretation (II) of the Supreme People’s Court on Several Issues Concerning the Application of the Marriage Law of the People’s Republic of China, betrothal gifts may be requested to be returned in the following circumstances:
(1) The parties have not completed marriage registration procedures;
(2) The parties have completed marriage registration procedures but have indeed not lived together;
(3) The pre-marital payment has caused financial hardship to the payer.
Relevant Legal Provisions
Article 657 of the Civil Code of the People’s Republic of China [Definition of Gift Contract] A gift contract is a contract whereby the donor gratuitously transfers their property to the donee, and the donee expresses acceptance of the gift.
Article 661 [Gift Contract Subject to Obligations] A gift may be subject to obligations. Where a gift is subject to obligations, the donee shall perform the obligations as agreed.
Article 663 [Statutory Right of Revocation by the Donor and Its Exercise Period] The donor may revoke the gift if the donee commits any of the following acts: (1) seriously infringing upon the lawful rights and interests of the donor or the donor’s close relatives; (2) failing to fulfill support obligations owed to the donor; (3) failing to perform obligations stipulated in the gift contract.
The donor’s right of revocation shall be exercised within one year from the date the donor knows or should have known of the cause for revocation.
Article 665 [Legal Consequences of Revoking a Gift] Where the person entitled to revocation revokes the gift, they may request the donee to return the gifted property.
