It is not necessary to return gifts to your ex after breaking up – Kommersant
[ad_1]
The Supreme Court of Russia clarified that property donated during an unregistered relationship is not unlawfully received and is not subject to return upon separation. In the court’s ruling, which leads RAPSIit is clarified that giving gifts during courtship is part of a personal relationship and does not mean the existence of civil obligations between lovers.
Alexey Mangushev filed a lawsuit with the Supreme Court. He considered that after separation the gifts must be returned because they constitute unjust enrichment. He tried to sue his ex-girlfriend for an iPhone 12 Pro Max, as well as money spent on renovating her apartment and purchasing household appliances. Mr. Mangushev’s mother also joined the lawsuit. She claimed that the donated phone belonged to her. The woman asked to recover more than 450 thousand rubles from her son’s ex-lover.
During the trial, Alexey Mangushev was supported by the appellate court and recovered 96 thousand rubles in his favor. The cassation overturned the decision of the court of appeal. The authorities did not agree on the application of Article 1109 of the Civil Code of the Russian Federation (unjust enrichment that is not subject to return). The appeal considered that Mr. Mangushev might not have known that he was giving the girl a phone free of charge and helping her with repairs.
The Supreme Court upheld the decision of the Court of Cassation, pointing out that gifts during a relationship do not mean that lovers have civil obligations. The definition also notes that the plaintiffs were unable to prove the existence of the disputed items and present arguments confirming that they are owned by the defendant.
“Money and other property are not subject to return as unjust enrichment if it is established that they were transferred by a person who knew that he had no obligations to the recipient,” follows from the Supreme Court’s ruling.
Why the absence of a couple burdens Russian men more than women, in the Kommersant publication “The Lonely Are Lonely”.
[ad_2]
Source link
