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近年来,涉及彩礼返还的纠纷逐渐增多,并呈上升趋势。如何确认彩礼返还主体,现行法律对彩礼返还的主体没有作出明确规定,导致在司法实践中做法不一,莫衷一是。我们认为基于彩礼的性质,一般是男方父母送彩礼,女方父母代收彩礼,即便由本人亲自接收的,也会将一部分彩礼交由父母。故在确认彩礼返还主体时应该由婚姻关系当事人、接受彩礼人,扩大至婚姻关系当事人、女方父母及其接受彩礼人。
In recent years, the disputes concerning the return of bride price have gradually increased and are on the rise. How to confirm the return of bridewealth, the main body of the present law does not make clear the return of the bride price, resulting in different practices in judicial practice, implausible. We think that based on the nature of the bridewealth, it is common for the male parent to send a bride price and the female parent to receive the bride price, and even if it is received in person, part of the bride price will be handed over to the parents. Therefore, confirmation of bridewealth should be returned by the parties, the recipient of the bride price, extended to the parties to marriage, the woman’s parents and their acceptance of gifts.