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Are Breaking Up Fees Illegal?

蔡玮律EdgarChoi 秒懂法律LawInAMinute 2024-01-20

·About The Author·

· Author of Chinese Law Books: Intellectual Property, Company and Economic Law In A Minute

· Author of English Law Book Business Law In A Minute

· Co-Author of Peking University Textbook: Business Ethics

· Graduated from Fudan University Law School

· Interviewed by Bloomberg and Timeout

· Mentor at Bloom Education (Charity)

Wechat: lawinamin 


CHINA LAW 101

Video 10

This is the 2nd video of the Falling In Love In China Chapter. 

There are good times and there are bad times in a relationship. Breaking up might be a good time for you as you can finally be free again, but it might be a bad time when your ex starts asking for breaking up fees. So today we shall talk about whether this is illegal or not, and what to do if your ex keeps harassing you about this.

The first scenario is paying back money that you have received over the course of the relationship. Generally speaking, individual transfers are not counted as gifts unless there is a message by the person who transfers saying explicitly that it is a gift, or it is a special number on a special date. An example would be 520, which means I love you in Chinese. Special dates would be Chinese valentines’ day, 14th of February which is the western valentine’s day, 14th of March which is considered as White valentine’s day, birthdays and anniversaries. I don’t really know much more about other special days because I don’t really bother with gifts. That’s perhaps one of the reason that I am single, with my ugly mug being the biggest one I guess. 1314 is also considered a special number as it means forever and always in Chinese. 666 is also a special number that does not mean the devil here but really cool. Therefore, if you send 888 which means triple fortune on your boyfriend or girlfriend’s birthday and say happy birthday, that’s considered as a gift.

On the other hand, normal transfers like 5000 for rent, or 2000 to pay off your significant other’s credit card can be paid back if it is not legally intended to be a gift. Note that even if the transfer has no message attached to it, it is still not considered as a gift and a court will define this transfer to be unjust enrichment, and it will have to be returned.

The third scenario is an emotional damage compensation fee. Your ex will probably say that the 3 years spent with you has wasted his or her youth, and chances of getting married. Therefore, a youth compensation fee should be given because you guys didn’t get married. Such fees are totally made up and not supported by the law. There is no such thing written in the law and relationships do not have to end up in marriage. 

If you would like to get the money you paid for your exes credit card, new watch or rent back, you would have to take legal action at court. If you keep getting harassed for youth fees, just delete and blacklist your ex. If your ex shows up unwanted at your doorstep, call the police as that would be trespassing. To avoid unwanted visitors, you might want to move away to solve the problem once and for all.

Please subscribe for more interesting legal facts!

China Law 101 Video Series 

1) Is It Illegal To Work Under Business Visa?

2) 5 Must-Knows About Company Incorporation in China

3) Who Pays For Broken Appliance In Rented House

4) Can You Get Blacklisted In China?

5) How To Avoid Online Dating Scams

6) No Severance Pay In Shanghai Unless? 

7) How To Trade Safely With Chinese Factories

8) Can Hotels Reject Foreigners?

9) Beware Of This Common Wechat Scam!


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