Girlfriend break up

Recently, a news report about a man who won a lawsuit against his girlfriend for repayment after breaking up has sparked heated discussions. The man had lent his girlfriend 100,000 yuan during their relationship, but his girlfriend refused to return it after the breakup. The man had no choice but to take his girlfriend to court and eventually won the case.

This case has triggered public thinking about money disputes after a breakup. During the period of love, couples inevitably have money transactions. After breaking up, should one party repay the loan or gift? This requires specific analysis based on the specific circumstances.

Is there a legal basis for repaying money after a breakup?

According to the relevant provisions of the Civil Code, loan contracts are protected by law. If a couple has a loan relationship during their relationship, the money lent by one party is a loan, and the other party is obliged to repay it after the breakup.

However, it should be noted that for money disputes arising after a breakup, the court generally distinguishes between loans and gifts. If both parties have expressed the intention of gifting, it is not a loan and does not need to be repaid after the breakup.

How to define loans and gifts?

The key to distinguishing between loans and gifts lies in whether both parties have the willingness to repay. If one party clearly states that they are borrowing money during the relationship, or the other party has borrowed money, it is considered a loan.

If one party voluntarily gives property during the relationship and does not clearly state that it is a loan, it is considered a gift. Once the gift is completed, the donor can no longer ask the recipient to return the property.

Principles for handling financial disputes after breaking up

When couples have financial disputes after breaking up, they generally follow the following principles:

Evidence principle: The parties need to provide evidence to prove the fact of borrowing or gifting.

Fairness principle: The court will distribute property fairly and reasonably based on the actual situation of both parties.

Timeliness principle: If a financial dispute is found after breaking up, a lawsuit should be filed with the court in a timely manner to avoid the statute of limitations.

Conclusion

The case of a man suing his girlfriend for money after breaking up and winning the case warns us that couples should be cautious about the financial transactions during the relationship and clearly distinguish between loans and gifts. If there is a financial dispute after breaking up, it should be handled rationally and resolved through legal means if necessary.