Evaluation On Cases About Restitution Of Betrothal Gifts

Premarital betrothal gift has a long history in our country and nowadays, in modern society this phenomenon still remained. Especially, in the undeveloped village locality, this kind of cases emerge in endlessly, poignant contradictions happened between both parties which even give rise the number of criminal cases. But in law, the compensatory of sill lack specific provision and legislative defect exist in restitution of betrothal gift system. Based on this, currently, the deal of the betrothal gift cases encountered lots of problems. China's "People's Supreme Court on (Marriage Law of the PRC) to explain a number of problems (a)"just has sweeping provision on this problems. To hold the cases of restitution of betrothal gift disputes properly and correctly, analysis and research on it are needed. These kinds of cases are not the heat question in civil law area, but it is a dead zone in legislation. The author tries to proceed with cases which happened at the author's side and reflect the problem and shortage happened in the practice of restitution of betrothal gift cases. Then expound the legal problems happened in the case of restitution of betrothal gift cases to resolve them and achieve the objective of helping the legal professional.This article contains three parts expect the introduction and conclusion:The first part:Case abstract and Conclusion on disputes in case, in this part, the author states the detail of two typical cases on restitution of betrothal gift, conclude and refine the cases. The author also made detailed analysis on the cases and list the related problems of the cases.The second part: study on the disputed problems in restitution cases. In this part, the author expounds the problems related to the cases and summarizes the implication of betrothal gift and made systematic research on the nature of engagement, the restitution of betrothal gift.The third part: the legislation thoughts on the cases. In this part, based on the analysis above on the related legal problems, the shortage and defect existed in the legislation was reflected, the author conclude this material and expounds the view point o on this.