专业团队

一、民法典中婚姻无效是否可以要求返还彩礼

民法典婚姻家庭编司法解释规定，婚姻无效并不是可以要求退还彩礼的情形，所以无效婚姻不能要求退还彩礼。

《最高人民法院关于适用〈中华人民共和国民法典〉婚姻家庭编的解释(一)》

第五条当事人请求返还按照习俗给付的彩礼的，如果查明属于以下情形，人民法院应当予以支持：

(一)双方未办理结婚登记手续;

(二)双方办理结婚登记手续但确未共同生活;

(三)婚前给付并导致给付人生活困难。

适用前款第二项、第三项的规定，应当以双方离婚为条件。

二、悔婚又拒退彩礼，要承担什么责任

婚姻自由包括结婚自由和离婚自由，因此悔婚这一行为通常无需承担任何法律责任。不过悔婚又不返还彩礼的话，是需要承担彩礼返还的义务的。通常来说，要求返还彩礼的情形包括：

1、给付彩礼后，双方未办理结婚登记手续的;

2、给付彩礼后，双方办理了结婚登记手续但没有共同生活的，而后双方又离婚的;

3、给付彩礼后，双方办理了结婚登记，但导致给付彩礼人生活困难的，而后双方又离婚的。

男女双方没有办理结婚登记的话，一方交付的彩礼是可以要求返还的，不过双方之所以因彩礼返还发生争执，很可能是因为对于彩礼的认知不统一，男方以为是彩礼，而女方则以为不是彩礼。认定彩礼就成为解决争端的关键所在，通常来说，以下情况不能认定为彩礼：

1、男方或其近亲属为取悦对方所为的赠与。

2、男女双方恋爱期间男方为表露情感所为的赠与。

3、男女双方或其近亲属在共同消费中由男方支付的费用。

4、男方及其近亲属与女方及其近亲属礼节性交往时的赠与。

5、借婚姻索取财物、骗取财物的行为。

1、 Can the invalidity of marriage in the Civil Code require the return of dowry

According to the judicial interpretation of the Marriage and Family Code of the Civil Code, the invalidity of a marriage is not a situation where a return of the dowry can be requested, so an invalid marriage cannot require a return of the dowry.

Interpretation of the Supreme People's Court on the Application of the Marriage and Family Code of the Civil Code of the People's Republic of China (1)

Article 5: If a party requests the return of a dowry paid in accordance with customs, and it is found that the following circumstances exist, the people's court shall support it:

（1） Both parties have not completed the marriage registration procedures;

（2） Both parties have completed marriage registration procedures but have not yet lived together;

（3） Premarital payment can lead to difficulties in the life of the payee.

The application of the provisions of the second and third items of the preceding paragraph shall be conditional on the divorce of both parties.

2、 What are the responsibilities to bear when regretting marriage and refusing to withdraw the dowry

Freedom of marriage includes freedom of marriage and freedom of divorce, so repentance of marriage usually does not require any legal responsibility. However, if you regret marriage and do not return the dowry, you need to bear the obligation of returning the dowry. Generally speaking, situations that require the return of dowry include:

1. If both parties fail to complete the marriage registration procedures after paying the dowry;

2. If, after paying the dowry, both parties have completed the marriage registration procedures but have not lived together, and then both parties divorce;

3. After paying the dowry, both parties registered for marriage, but it caused difficulties for the person who paid the dowry, and then both parties divorced.

If both men and women have not registered for marriage, one party can request the return of the dowry. However, the reason for the dispute between the two parties over the return of the dowry is likely due to a lack of unified understanding of the dowry. The man thinks it is a dowry, while the woman thinks it is not. The recognition of a dowry becomes the key to resolving disputes. Generally speaking, the following situations cannot be recognized as dowries:

. A gift made by the man or his close relatives to please the other party.

2. A gift made by the man during a romantic relationship to express his emotions.

3. The fees paid by the male party for joint consumption by both men and women or their close relatives.

4. Gifts made by the man and his close relatives during ceremonial sexual intercourse with the woman and her close relatives.

5. The act of soliciting or deceiving property through marriage.