Love is a two-way journey. If one party is forced to make an exception and take material as the premise, such love has changed its flavor and it is difficult to have good results. It is reported that at the end of 2019, the woman Zhao sent a wish list to the man Zhang and said that she would marry Zhang after completing the list.
2020 wish list: 1. Change ThinkPad laptop; 2. Replace Huawei p30p or mate30; 3. A trip to Disneyland; 4. Watch a favorite play; 5. Change Audi A6L or Mercedes Benz c260l; 6. Go to Zhangjiajie
In order to realize Zhao's "wish list", Zhang purchased Audi cars and Huawei mobile phones for Zhao by means of loans and loans from others, with a total cost of nearly 300000 yuan. During the period, the two sides determined their love relationship. Six months later, Zhao proposed to break up.
Zhang then appealed to the court and asked Zhao to return his property. Zhao argued that the two sides were lovers, and Zhang's behavior was a voluntary gift and had been actually delivered, so it should not be returned.
The court held that when engaging in civil activities, the civil subject should follow the principle of fairness and reasonably determine the rights and obligations of all parties. Small gifts between lovers to express love and contact friendship are mostly characterized by free, but large gifts are usually for the purpose of concluding marriage.
In this case, Zhang paid nearly 300000 yuan of property for Zhao during the six months of falling in love with Zhao, the amount is beyond the scope of daily communication, and Zhao made a commitment to marry Zhang when he realized his wish. Therefore, the gift should be regarded as a general gift made by Zhang hoping to get married and cannot be defined as a general gift during the period of love**
Now that both parties have ended their love relationship, they shall return it. For the return amount, the court decided that Zhao should return 200000 yuan to Zhang according to the time of love, local consumption habits, the nature of the donated property, and the transfer with special meaning such as "520" and "1314". After the judgment, Zhang and Zhao did not appeal.