The Misadventures of Hansel: A Love Story with a Price Tag
Meet Hansel, a 25-year-old heir to a fortune with a pedigree as impressive as his bank balance. Freshly returned from his American college escapades, he dove into the family business like a fish into a desert — utterly out of place. The corporate world was as dull as a butter knife, and Hansel’s heart yearned for a spark of excitement, perhaps in the form of a romantic interest.
Cue a night out on the town, clubbing under the neon glow, where our wealthy wanderer stumbled upon Gretel — a radiant freelance model fresh out of college with the proverbial face of an angel and, let’s say, a figure that would make even a saint do a double-take. It was love at first sight, or maybe just the club’s strobe lights playing tricks on his heart.
Hansel quickly assumed the role of Mr. Perfect Boyfriend. He chauffeured his belle in his Lamborghini — because who doesn’t love a bit of fast and the furious romance? Dinners were a weekly Michelin-starred affair, and oh, the gifting! Gretel had a knack for celebrating every conceivable anniversary — from the traditional Valentine’s Day to the more creative “Happy 20th of May” (aka “I Love You” Day in Chinese numerology). Hansel’s bank account was getting more action than a Black Friday sale.
But soon, our hero found himself in a conundrum. After showering Gretel with luxe handbags, blingy earrings, and a watch that could fund a small country’s economy, what was left to gift? Gretel hinted at a more modern approach — a WeChat wallet boost with lucky numbers that whisper sweet nothings like “forever love” and “great fortune.” Hansel, ever the romantic, obliged.
While Hansel was playing Prince Charming, Gretel dreamt of trading the catwalk for the designer’s chair, envisioning frocks that would make the elite swoon. But alas, dreams require dough. And who, oh who, might have the cash to fund such high-fashion aspirations?
In a twist of fate and a serious dent in his inheritance, Hansel bankrolled Gretel’s boutique dream to the tune of a cool million over two months. The domestic drama that ensued was a Shakespearean comedy in the making, but Hansel was convinced that love would conquer all. That is until he heard through the grapevine (thanks, Choi) that Gretel was playing tonsil hockey with another suitor at the very club where their love story began.
Betrayal! Heartbreak! Financial recklessness! Hansel’s world crumbled like a house of cards in a hurricane. With familial ties strained and his heart in tatters, he demanded a refund on his investments in love — every yuan, every shiny trinket he had lavished upon Gretel. Her response? A dial tone.
Will Hansel ever recover his fortune, or is this a costly lesson in love?
Law In A Minute
In China’s civil law system, gifts are considered contracts, which is a concept that differs markedly from the common law systems of the United States and the United Kingdom.
Firstly, the formation of a gift contract requires a mutual agreement between the giver and the receiver. If either party, be it Gretel or Hansel, is unwilling to accept or give the gift, the contract is not established.
Gift contracts are typically unilateral, meaning that the recipient is not obligated to provide anything in return unless the contract specifically states otherwise.
Once there is a mutual agreement, the contract is effective immediately, regardless of whether the gift has physically been delivered to the recipient.
In romantic contexts where significant numbers like 520, 1314, or 8888 are transferred, courts will generally presume these to be gifts unless the plaintiff (the party initiating the lawsuit) can prove they were intended as loans. Thus, Hansel must demonstrate that the funds he sent to Gretel were loans, not gifts, if he wishes to claim them back.
Given Hansel’s intention to present gifts and monetary transfers to Gretel on special occasions, and with Gretel accepting them, the gift contract is in effect. Hansel would need evidence to show the money was meant as a loan to dispute this.
Therefore, the transfers with meaningful numerals, along with the watch, earrings, and handbag, are likely to be considered gifts, whereas the one million for Gretel’s shop may be deemed a loan since Hansel can substantiate his claim with WeChat messages.
One may wonder if it’s possible to withdraw from a gift contract after a change of heart. The answer is affirmative, provided the gift has not yet been physically handed over. For instance, if you’ve promised a diamond ring to your girlfriend and even purchased it, but it hasn’t reached her possession, you can rescind your offer without legal repercussions—though it may cost you the relationship.
It’s important to note that this right of revocation does not extend to gift contracts that serve the public interest or fulfill a moral duty, such as those for disaster or poverty relief, or to contracts that have been notarized.
For those looking to safeguard their finances post-breakup, it’s wise to avoid transferring significant sums on noteworthy occasions. This is a prudent approach to ensure that money transfers are not misconstrued as gifts.
Legal Basis
Civil Procedure Law
Article 64
It is the duty of a party to an action to provide evidence in support of his allegations.
If, for objective reasons, a party and his agent ad litem are unable to collect the evidence by themselves or if the people’s court considers the evidence necessary for the trial of the case, the people’s court shall investigate and collect it.
The people’s court shall, in accordance with the procedure prescribed by the law, examine and verify evidence comprehensively and objectively.
Civil Code
Article 658
Prior to the transfer of rights to the gift property, the donor may revoke the gift.The previous paragraph does not apply to any gift contract the nature of which serves public interests or fulfills a moral obligation, such as disaster relief, poverty relief, etc., or any gift contract which has been notarized.
Article 663
Where the donee is in any of the following circumstances, the donor may revoke the gift:
(i)seriously harming the donor or any immediate family member thereof;
(ii)failing to perform support obligations owed to the donor;
(iii)failing to perform the obligations under the gift contract.
The donor shall exercise his revocation right within one year after he became, orshould have become, aware of the cause for revocation.