The Effect of Withdrawing from a Betrothal on Gifts Already Given
If a betrothal is withdrawn from, may the suitor take back what he gave? And does the ruling differ according to which side withdrew?
Such gifts are donations governed by the general rules of donation, so the suitor may take back what he gave so long as the thing itself remains, whichever side withdrew. What has perished or been consumed is not recovered unless the gift was made conditional on a counter-value.
The suitor recovers nothing of what he gave, whether he or she withdrew, unless there is a custom or a stipulation of return; it has also been said that he recovers it if the withdrawal came from her side.
The rule is that a donor does not take back his gift once delivered, except a father in what he gives his child. Betrothal gifts, however, are a donation conditional on the marriage being completed; if it is not, the suitor recovers the thing itself if it remains, or its value if it has perished or been consumed.
The suitor's gift before the contract is not part of the dower: if they promised him the marriage contract and then did not keep their word, he recovers it; but if the refusal came from him, he has no right of recovery.