近日，一起因订婚后未办理结婚登记但已生育子女的彩礼返还纠纷案引发社会关注。法院最终判决男方要求返还彩礼的请求部分成立，女方需返还一半彩礼。根据《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）》第五条规定，双方未办理结婚登记手续，当事人请求返还按照习俗给付的彩礼的，法院应予支持。但在本案中，双方虽未登记结婚，却已共同生活并育有一子，法院综合考虑了共同生活时间、子女抚养情况及彩礼使用等因素，酌情判定女方返还50%的彩礼。这一判决体现了法律在维护公序良俗的同时，也兼顾了事实婚姻关系中的实际权益，避免机械适用法条造成不公。专家指出，彩礼并非买卖婚姻的对价，而是基于缔结婚姻的期待所作的赠与；若婚姻关系未依法成立，赠与目的未能实现，可主张返还，但应结合具体情形合理裁量。
Recently, a case involving the return of betrothal gifts (commonly known as ‘bride price’) has drawn public attention. The couple had become engaged and had a child together but never officially registered their marriage. The court ruled that the man’s claim for the return of the bride price was partially valid, ordering the woman to return half of the amount. According to Article 5 of the Supreme People’s Court’s Interpretation (I) on the Application of the Civil Code of the People’s Republic of China (Marriage and Family Section), if a couple has not completed official marriage registration, the court should support a request for the return of customary betrothal gifts. However, in this case, although the parties never legally married, they had cohabited and raised a child together. Taking into account factors such as the duration of cohabitation, child custody responsibilities, and how the bride price was used, the court reasonably determined that 50% should be returned. This ruling reflects the judiciary’s effort to balance legal principles with real-life circumstances, ensuring fairness while upholding social norms. Legal experts note that bride price is not a payment for marriage but a conditional gift based on the expectation of marriage; if the marriage is not legally established, the purpose of the gift fails, and partial return may be justified—subject to the specific facts of the case.
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