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Wednesday, January 29, 2014

Engagement Diamond Ring In Croatia 129

 Engagement Diamond Ring In Croatia.
By Aamir Manan


In most states of the United States, engagement rings are considered "conditional gifts" under the legal rules of property. This is an exception to the general rule that gifts cannot be revoked once properly given. See, for example, the case of Meyer v. Mitnick, 625 N.W.2d 136 (Michigan, 2001), whose ruling found the following reasoning persuasive: "the so-called 'modern trend' holds that because an engagement ring is an inherently conditional gift, once the engagement has been broken, the ring should be returned to the donor. Thus, the question of who broke the engagement and why, or who was 'at fault,' is irrelevant. This is the no-fault line of cases."
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Legal ownership[edit]

In most states of the United States, engagement rings are considered "conditional gifts" under the legal rules of property. This is an exception to the general rule that gifts cannot be revoked once properly given. See, for example, the case of Meyer v. Mitnick, 625 N.W.2d 136 (Michigan, 2001), whose ruling found the following reasoning persuasive: "the so-called 'modern trend' holds that because an engagement ring is an inherently conditional gift, once the engagement has been broken, the ring should be returned to the donor. Thus, the question of who broke the engagement and why, or who was 'at fault,' is irrelevant. This is the no-fault line of cases."


One case in New South Wales, Australia ended in the man suing his former fiancée because she threw the ring away, after he told her she could keep it even though the marriage plans had fallen through. The Supreme Court of New South Wales held that, despite what the man said, the ring remained a conditional gift (partly because his saying that she could keep it reflected his desire to salvage the relationship) and she
was ordered to pay him its A$15,250 cost.[36]

In England and Wales, the gift of an engagement ring is presumed to be an absolute gift to the fiancée. This presumption may be rebutted however by proving that the ring was given on condition (express or implied) that it must be returned if the marriage did not take place, for whatever reason. This was decided in the case Jacobs v Davis [1917] 2 KB 532.




















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