Judicial Application of the Fault Doctrine in Disputes over Property in Betrothal Contracts: From the Perspective of Article 6 of the “Provisions on Betrothal Gifts Return”

The “Provisions on Several Issues Concerning the Application of Law in the Trial of Cases Involving Betrothal Gift Disputes”, which came into effect in 2024, clarifies a doctrine of fault of betrothal gifts return, enhancing judicial protection for faultless women in disputes over betrothal gifts from the perspective of women’s rights and interests protection. By screening and summarizing cases regarding fault in engagement property disputes, it becomes evident that the defense of fault claimed by women has not been classified effectively, judges find it difficult to distinguish the accusation of fault, and there are discrepancies in fault judicial sentencing. These issues have been widespread both before and after the application of the new provisions. This reveals the absence of legislation and the lack of practical operation in current legal norms regarding betrothal gifts return rules, as well as varying awareness of the protection of women’s rights and interests in betrothal gifts return and engagement disputes among judges. The correlation between fault facts and indemnities should be clarified, the legislative spirit of laws pertaining to women’s rights and interests should be fully implemented, and legal protection of women’s rights and interests in an engagement should be strengthened through the perfection of relevant legislation.