23Evidence A

Think carefully before and after making large gifts in romantic relationships or marriage

Once the money is transferred, you generally cannot get it back. A gift can only be revoked before it is officially registered under the recipient’s name. After that, revocation is only possible under three specific circumstances: the recipient seriously harms you or your close relatives; fails to fulfill their legal obligation to support you; or breaches any agreed terms of the gift contract. Therefore, decide early whether the payment is a loan or a gift.

Cost

No cost involved. Before sending a large sum of money, ask…

Benefit

Items given away can be revoked before they are transferred to the other party's name;

Cost

No cost involved. Before sending a large sum of money, ask yourself: is it a loan or a gift? If it’s a loan, draft a written agreement and mark the transfer as “loan”. The hard part is actually bringing this up in conversation.

Benefit

Items given away can be revoked before they are transferred to the other party's name; the law calls this point the transfer of property rights. Once the transfer or title change is completed, only three scenarios remain where revocation is possible. First, the receiving party seriously infringes upon you or your close relatives. Second, the party that was supposed to support you fails to do so. Third, the party fails to fulfill the obligations stipulated in the gift contract. Gifts or monetary gifts given at commemorative moments such as holidays or birthdays, if of low value, do not constitute bride price. Daily consumption expenditures intended to express or enhance affection also do not constitute bride price. These two categories are not returned as bride price upon breakup (China).

Original sources

全国人大 (2020). 民法典(第六百五十八、六百六十三条). https://www.spp.gov.cn/spp/fl/202006/t20200602_463888.shtml;最高人民法院 (2024). 关于审理涉彩礼纠纷案件适用法律若干问题的规定(法释〔2024〕1 号,第三条). https://www.court.gov.cn/fabu/xiangqing/423442.html

Open source link
Book note

While it is commonly believed in legal practice that amounts such as “520” or “1314” indicate a gift, no official ruling from the Supreme People’s Court has been found in this section to confirm this as a definitive rule. Once a gift is notarized, it becomes far harder to retract. Ultimately, whether a transfer constitutes a loan or a gift depends on supporting evidence; a simple statement like “I’m lending you this money” in a chat record carries far more weight than any later disputes.

My note