Can a man take gifts back after breaking up with a woman?
The first cassation court of general jurisdiction made a very important clarification: the former lover does not owe a man anything, no matter how much money he spends on her in the days of passion. All lower-level judges received this instruction.
But the legal signal must certainly reach all men. The question squarely before the woman and the courts was raised by one of the residents of the Saratov region. He demanded from his former mistress 77.4 thousand rubles, spent for almost a year of romantic relationship. The claim was accompanied by printouts from a bank card. Their love met exactly 57 translations. The case turned out to be so significant that the First Court of Cassation included it in a fresh review of judicial practice, making detailed explanations for the future. The plaintiff is not the first or the last man left with a broken heart and a thinner wallet. And not the first to have the idea of suing for their romantic spending.
Recently, this has become a legal trend: the retired gentlemen began to regularly file lawsuits against women who fell out of love with them. Like, return the money, return the gifts, sew up the heart. Alas, sad news for abandoned men: when a lady leaves, one must say goodbye not only to her, but also to the money spent on her. This direction of judicial practice was set by the First Cassation Court on the example of a resident of the Saratov region. Judging by the bank card statements, the novel, which gradually grew into a trial, lasted from February 26, 2018 to January 11, 2019. All this time, as the woman later said in court, the man "on his own initiative paid for her cellular services, transferred money so that she could buy food, cook dinners, and organize joint meetings." It turns out that some rubles still returned to the gentleman: in the form of drunk wine, hot snacks and gentle glances.
But now it is no longer possible to separate what the woman spent on herself and what was eaten by the man. Be that as it may, the retired gentleman decided to demand everything back at once. The courts of the Saratov region have almost created a precedent that is dangerous for women.
The lower authorities ordered the defendant to return the money to the offended man. Moreover, they were forced to compensate for court costs, including expenses for a lawyer. If we speak in legal language, then the money transfers from the boyfriend were recognized by people in robes as "unjust enrichment." The logic is quite masculine: since they are no longer a couple, it means that all this time the woman was enriching herself at his expense. However, the cassation instance did not agree with the male logic and forced to reconsider the case. "Cash and other property are not subject to return as unjust enrichment if it is established that the will of the person who transferred them was carried out in the absence of obligations, that is, gratuitously and without reciprocal provision - as a gift or for charity purposes," the First Cassation Court explained. In other words, gifts are not returned back, no matter what cat runs between people. More precisely, no one can force the return of money and gifts. And in this case, "the plaintiff, by virtue of the personal relations of the parties, during the year incurred expenses, transferring funds to the plaintiff's bank card and to her mobile phone, in the absence of any obligations to the defendant, voluntarily and gratuitously and without counter-provision (i.e. . as a gift) ".
So no one pulled the man by the pocket: his own heart ordered to pay. In practice, courts sometimes began to equate bank card statements with receipts. They say, since the money has been transferred and the recipient cannot explain why, then this is a loan that is supposed to be returned. However, this approach does not apply to romantic relationships. Now it was officially recognized by the First Court of Cassation. Throwing money on a card or phone to your beloved is the same as giving, and it does not matter how the relationship will develop later. In one of the regions, there was a case when the ex-gentleman through the court demanded from the girl to return the money for the tour. He hoped that on the trip the beauty would agree to become his wife.
And for some reason she refused to get married. Well, a man should understand: when he treats a woman in a restaurant or even takes her with him to hot countries, no public offer is concluded between them. That is, at any moment something can go wrong, and when the desired woman says no, money is the least of the losses. They are not to be grieved about. However, there are positive aspects to be found in such litigation. On the one hand, abandoned lovers have a growing legal culture. Better to chase an ex-lover in court than to chase her with screams and fists in the street. On the other hand, the reasons why women gave these men a calculation are indirectly becoming clear.