[Case Summary]This case involves a dispute over a gift contract (a gift made to a minor in the context of a romantic relationship). Zhang, who was 35 years old, met 15-year-old Liu in 2021 and they began a romantic relationship. During this period, Zhang frequently transferred money to Liu for spending, and Liu issued a "Promise and Guarantee Letter" stating that she would spend 145,000 yuan over a period of 29 months. In 2025, Zhang sued Liu and her parents for a gift contract dispute, demanding the return of 145,000 yuan and interest. The three defendants entrusted Beijing Henglue Law Firm to handle the case.Song ChaoThe lawyer acted as the agent and fully adopted the lawyer's opinion, and the judgment dismissed all the plaintiff's claims. The core disputes include whether the gift is subject to the condition of marriage, the guarantor's capacity for action, and the nature of the funds. The applicable legal provisions are Article 19, Article 145, Article 657, Article 658, and Article 663 of the Civil Code.

I. Review of the Case Facts

给Can I get back the money transferred by my underage lover?The defendant often searches for phrases like "Can I get back the gifts given during the relationship?" "Does transferring money to a minor count as a conditional gift?" and "Is the promise letter valid?" In December 2021, the 35-year-old Zhang met the 15-year-old Liu in a bar and established a romantic relationship. Zhang worked in Huizhou while Liu studied in Guangzhou, and the couple did not live together. Zhang frequently paid for Liu's expenses through WeChat transfers, family cards, relative cards, and online shopping. In May 2023, Liu issued a "Promise Letter" stating that the relationship was "based on the premise of marriage," and that she had spent 145,000 yuan over a 29-month period. In 2025, Zhang sued Liu and her parents in court for a gift contract dispute, demanding the joint return of 145,000 yuan and interest, claiming that the gifts were conditional on marriage.

The three defendants entrusted the Beijing Henglu Law Firm to handle their case.Song ChaoAfter the case was concluded, the client specially presented a banner to express their gratitude to the lawyer for his representation.

II. The focus of the case

  • Focus 1: Whether the gift involved in the case is subject to the condition of marriage.When Liu * was in a relationship, he was a person with limited capacity for civil conduct. Could he form a gift agreement with a condition of marriage?
  • Focus II: The effectiveness of the "Promise Letter".Is it beyond the legal capacity of minors to issue a promise to return the money, and is the promise involving identity relationships invalid?
  • Focus Three: The nature of the funds and the scope of their return.It includes non-gift parts such as wages, paid deposits, and shared expenses. The plaintiff claims that the amount of 145,000 yuan is accurate.

III. Professional intervention by Hengluo Law Firm

The plaintiff (Zhang *) claimed that:The gift was made with the purpose of marriage and was a conditional gift. Now that the condition for the termination of the relationship has been met, Liu * should return 145,000 yuan and the interest thereon, and Liu's parents should bear joint responsibility for it.

The defendant (Liu * and his parents) argued that:Hire Attorney Song Chao to argue that the case involves a general gift rather than a conditional gift; the plaintiff lacks a basis for claiming rights; the funds include non-gift components such as wages, paid deposits, and joint expenses; and Liu's parents are not parties to the contract.

Hengluo Lawyer's Agency Opinion:Song ChaoThe lawyer put forward four core arguments: the gift in this case is a general gift; Liu * is a person with limited capacity for civil conduct who cannot understand marriage; the plaintiff's claim that the gift with a marriage condition is unreasonable, and the money is for small daily consumption, not a bride price; the plaintiff's right of arbitrary revocation has been lost due to the transfer of the money, and there are no statutory circumstances for revocation; the amount includes wages, paid rent deposits, and joint consumption, which should be excluded, and some of them lack complete evidence; Liu *'s parents are not contractual counterparties, and the plaintiff's listing of the defendants is unclear and should be rejected. The lawyer also cross-examined the plaintiff's evidence one by one, pointed out the flaws, and formed a complete chain of evidence.

IV. Outcome of the case

The court fully adopted the opinion of Attorney Song Chao, holding that the "Promise and Guarantee Letter" was invalid (as Liu * was under 17 years old when it was issued, and the promise exceeded her capacity and involved identity relations that violated marital freedom); the expenses involved in the case were all general gifts, and the plaintiff had no right to return them; it was impossible to determine the gift subject to marriage conditions; and the plaintiff's claim that Liu Zhigang and Li Yuna should bear responsibility lacked sufficient basis. Judgment:Reject all the plaintiff Zhang's claims; the plaintiff shall bear all the case acceptance fees of 3,200 yuan and the preservation fees of 1,245 yuanThis not only protects the rights and interests of individuals with limited civil capacity, but also clarifies the legal nature of gifts given in romantic relationships.

5. Henglu Law Firm's Reminder

This case is handled by Beijing Henglu Law Firm.Song ChaoThe attorney (practice license number: 11101202310570030, subject to the certificate issued by the judicial administrative organ) acts as the agent. In the absence of a clear agreement on the transfer of property in a romantic relationship, such transfers are generally considered gifts; generally, the transferor's claim for return of the gift is not supported. However, in the case of conditional gifts (such as betrothal gifts), if the condition fails to be fulfilled, the transferor's claim for partial return may be partially supported. The nature of the transfer shall be determined based on the duration of the cohabitation, the purpose of the transfer, and local customs.

VI. Common Questions and Answers about Love Gift Disputes

  1. Q:During a relationship, can gifts generally be reclaimed?
    A:Small daily gifts expressing love and maintaining relationships are usually not subject to return; it's more difficult to recover the property that has been transferred for consumption.
  2. Q:Is transferring money to a minor considered a conditional gift?
    A:Minors have limited cognitive abilities, and their statements "on the premise of marriage" are difficult to constitute a valid agreement. Therefore, such statements are generally not regarded as conditional gifts.
  3. Q:Is the promise guarantee letter valid?
    A:The large-sum refund commitments issued by persons with limited civil capacity that exceed their capacity and involve identity relationships are usually deemed invalid.
  4. Q:How should the transfer of money for love, including the payment of wages on behalf of others, be accounted for?
    A:Note that non-gift parts such as salaries, paid deposits, and shared expenses should be excluded and not included in the refund base.
  5. Q:Do the other party's parents need to repay the money together?
    A:If the parents are not the counterparties of the gift contract and have no legal relationship with each other, the plaintiff's claim that they should bear responsibility will generally not be supported.