On Marriage Promise

Marriage promise is attached with importance in every country's legislation because it is the fore-engagement aiming at a future formal marriage. Many countries over the world made clear prescription in archaic or modern marital and familial laws. In China, Marriage promise appeared and continued from the archaic years. It is an important part in nation's legislation. After the revolution of new China, two Marital Laws were issued and amended in 2001. But there is no prescription on marriage promise . It is still an objective social phenomena existing. This text analyses the existing background of marriage promise from its function, custom inheritance, and economic elements. The deletion of domestic marriage promise legislation causes a law vacuum failing to regulate the social phenomena. It is a lapse in domestic legislation. In real life, dissensions on terms of marriage promise exist in great amount. But there is no corresponding regulation in law. It causes the practice of judicature without corresponding laws. The social function of legal regulation fails to bring into play. Therefore, it is necessary to regulate marriage promise from laws. This text proposes the efficiency of marriage promise, the limit situation, and decontract situation for legislation.