On The Reliance Interest In Engagement

The reliance interest in engagement, is the benefit that one party of the engagement who have a reasonable reliance on engagement will loss or already have lost as one party breaks engagement or engagement can not be carried out, the party always take some actions or not take any actions because of his or her reliance on engagement. In modern times, there are the fundamental of ethics and the fundamental of reality why there are so many engagements. Though the dispute caused by engagement is countless, there is not legislation about engagement, and there is not effective protection to the reliance interest of parties of engagement. And these lead to the blank of legislation and the confusion of judicature. Today, with the development of the democratic legal system, and with people's consciousness of defending the legal rights and the perfect situation of law arriving an unprecedented altitude, legislation of engagement, to protect the parties'reliance interest is becoming a important subject of modern legal science at present.The reliance interest of engagement is protected, because the parties who have a reasonable reliance on engagement might make sacrifice, then as the engagement was broke or engagement could not be carried out, the kind and reliable people should obtain reasonable compensation. Theoretically, it is the application in the engagement of bona fide doctrine. When a party of engagement believed the other's promise, and then the party may take some actions or not take any actions, but because engagement could not be carried out, the party would be damaged. So when there is no balance of benefit between the parties, the bona fide doctrine should be applicable. Then the balance would be restored.Though the institution of engagement has been being regarded as the feudal evil legacy in China, the institution of engagement in the west is becoming more and more complete. Germany, Italy, US, and some other counties approve that the reliance interest in the engagement should be protected. Of course, it is the product of feudal society, but as a folk consuetude, it is being accepted widely by people. The institution of engagement as a consuetude was be spread down and developed, and the institution of engagement now is different from it in feudal society. Because of the reliance on engagement, one party and his or her relatives always regard the other party as their relative. Once engagement was broke or could not be carried out, there would be dispute between the parties, and there would be damage to the parties'reliance interest. Law should adjust the dispute and compensate for the damage, or law would be worthless. To conduct the legislation and to protect the parties'reliance interest not only can fill the blank of the legislation about engagement, protect the parties'legal rights, but also can make legislation of engagement in china connect with other countries'and be suitable for the increased marriage with a foreigner.Above all, the article did the research on the basis of the law theory and judicial practice about protecting the reliance interest of engagement domestic and abroad. First, it analyzed the implication of the reliance and the reliance principle, the origin of the reliance interest theory and the implication of the reliance interest, and then it analyzed the implication and characteristic of the reliance interest in engagement. Second, it discussed the necessity and the feasibility of protecting the reliance interest in engagement. Upon legislation and judicial practice abroad, some countries which have advanced legislation protect the reliance interest in engagement, and obtained good result. Upon the actual situation in our country, we should protect the reliance interest in engagement. To protect the reliance interest in engagement can settle the dispute in daily life effectively, protect the parties'legal rights better and maintain the dignity of law. Protecting the reliance interest in engagement is not contradictory to the freedom of marriage doctrine. The institution of engagement in modern times is based on the freedom of marriage doctrine, it not only dose not break the freedom of marriage doctrine, but also promotes the enforcing of the doctrine in the marriage law. Third, the article pointed out my legislation conception about protecting the reliance interest in engagement. It contains two aspects: one aspect is the return of the present in engagement, should adopt the theory of the reliance interest. It is no necessity to return if the donation is not based on the reliance on engagement such as the small gifts one party present. It is necessary to return if the donation is based on the reliance on engagement such as the big gifts one party present. The other aspect is about the compensation for damage about the reliance interest in engagement. The article did the research on the compensation for damage about the reliance interest in engagement. The main method of protecting the reliance interest in engagement is the compensation for damage about the reliance interest in engagement. The article analyzed the compensation for damage about the reliance interest in engagement on the aspect of the evidence, the integrant part and the range of the reliance interest in engagement. Except for irresistible reasons, if one party broke engagement, he or she would compensate for the expenditure or the loss of the other party or his or her relatives. The party who breaks engagement should compensate for the damage of the other party when the other party takes the measure of influencing his or her property and occupation because of his reliance on the engagement. On some occasion, the party broke engagement should compensate for the spiritual harm of the other party because of the other party's reliance on engagement.