A Study On Chinese Traditional Betrothal Gift

It is a traditional custom of a man giving betrothal gift to a woman when they get engaged, which still exists in modern Chinese society. The existing law does not acknowledge that the custom of betrothal gift has any force of law. Instead, it is only regarded as an uncultured custom or even the price of trading women, which results in the conflict between the law and the custom. Betrothal gift was an important Chinese ancient marriage legal system. This paper investigates the ancient betrothal gift legal system and the traditional betrothal gift custom, finding that the traditional betrothal gift is not the price of trading women, but the earnest of the engagement. Betrothal gift can guarantee the wedding contract be fulfilled and avoid the man who gives the betrothal gift breaking his promise inconsiderately. Betrothal gift belongs to the new family theoretically, which is also a supporting method of dividing family property. Usually women have to depend on men in a traditional agricultural society. The sexual ethics in such society are also strict with women. Women have to keep their chastity before marriage to guarantee their value in the marriage market so as to find ideal husbands. In order to minimize the risk of devaluation in the marriage market, women have to ask for earnest when they get engaged with men. Owing to the restriction of societal condition and economic level of modern Chinese society, women are still not economically independent enough to change the traditional sexual ethics. The betrothal gift as earnest is important for women yet. It is necessary to acknowledge the legal validity of the custom of the betrothal gift.