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Proportion Of The Return Of Bride Price And Exploration Of Case Studies

Posted on:2012-06-24Degree:MasterType:Thesis
Country:ChinaCandidate:N XiongFull Text:PDF
GTID:2166330335970104Subject:Civil law
Abstract/Summary:PDF Full Text Request
Since ancient times, marriage marriage bride price payment of the phenomenon of the other party is especially popular in China, in different places have formed a special convention of the local habits, there are still some places even more uniform standards of bride price payment habits, With the economic level of living continues to flourish, engagement parties the amount of the payment of bride price is also showing a rising trend year by year. From the legal point of view, "bride price"is not a representation of the normative legal terminology, but it has its specific meaning. Accordance with the relevant law, the trial court the people of the bride price dispute cases are often the cause of action naming "marital property disputes."In China's current laws being, it is difficult to find two words about the bride price and the definition of marriage and related provisions, the dissolution of a marriage after the bride price, the return of the amount, manner and return the return of conditions in more detail in the law is the lack of, but merely the legal provisions in the statute referred to in a little early "to return the bride price," the simple words. legislative made on the lack of dissolution of marriage and return of bride price and other issues are not legally binding and enforceable safeguards, therefore, in real life, often accompanied by both men and women resulting from the dissolution of marriage can not be the return of Cai Li effective legislative solution. At the same time, many countries in the world in similar ways with the relevant legal norms, respectively, while the return of bride price in the marriage and normative aspects of it show its shortcomings and gaps in urgent need to further improve and standardize the legislature. Legal means which can effectively make use of the legitimate rights and interests are protected in real life and support.In the "on the application" Bill, although the return of this section to explain details of the bride price to the relevant provisions, but because of this provision simply too rough, the reality of life for meeting In terms of the nature of demand is difficult to satisfy Moreover, the return of our law on bride price had not been made specific issues the appropriate regulations. In summary, from the perspective of the balance of interests, the paper return of bride price, the scope, nature and the bride price system in terms of the return of some of the inadequacies discussed and analyzed, and how to improve the system of bride price return of the initial legislative proposals.
Keywords/Search Tags:Bride price, alance of interests, Return ratio, Legislation
PDF Full Text Request
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