The Analysis Of The Dispute Case Of Betrothal Property Dispute

After new China was founded, China has enacted the Marriage Law and two Amendments of the Marriage Law of 2001 based on the considerations of the principle of safeguarding the freedom of marriage and rejecting the feudal tradition which has no expressly regulations for betrothal. However, in our real life, betrothal is still widespread, especially in the vast rural areas, betrothal has become the customary procedures before engaged . A lot of places in rural areas, getting married before formulating betrothal even is considered a violation of rules. Phenomenon associated with betrothal is betrothal gifts. Giving betrothal gifts before and after betrothal has become a widespread custom recognized by the masses.However, betrothal and giving betrothal gifts do not mean the two sides are bound to become good in future years, once the two sides can not get married, the dissolution of the betrothal and the return of betrothal gifts will emerge, the existing Marriage Law does not has explicit regulation about how to deal with disputes, and only the Supreme People's Court has several judicial interpretations made on the betrothal. But to correctly understand and handle such cases in the legal practice, there are still a lot of questions to analyse. It should be said that betrothal and betrothal gifts have never been a hot research in the field of Marriage Law, but it is indeed a major blind spot in the legislation. At a rational evaluation of existing Marriage and Family law, the author considers that the existing Marriage law giving up confining betrothal and betrothal gifts is not a wise behavior. For legal practitioners and the vast majority of the scholars in the legal profession, the research betrothal of and betrothal gifts undoubtedly has important theoretical and practical significance.Therefore, through the analysis of two typical cases, the author of this article elaborates the legal issues related to betrothal and betrothal gifts with a view to be able to trigger a more in-depth study.In this paper, in addition to the introduction and conclusion, it is divided into six parts:Part I: the introduction of the related cases. In this section, the author describes the merits of the two typical cases about the betrothal and betrothal gifts disputes.Part II: the focus of the case. In this section, in accordance with of the merits of the two cases the first part summarized, the author extractes and describes the legal issues involved in the case.Part III: the comparative law analysis for the legal issues of the betrothal system involved in the cases . The author hopes to elaborate the effect of marriage , the nature of marriage and the damages for the dissolution of the betrothal better .Part IV: a study of the return of betrothal gifts after the dissolution of the betrothal that the case involved. In this section, the author first studys what is the betrothal gifts as well as cognizes the nature of the betrothal gifts, and then studys the return of betrothal gifts.Part V: the analysis of the cited case. In this section, based on the analysis of the basic theories and controversial questions involved in the earlier cited cases , the author analyzes the cited cases in detail.Part VI: the consideration triggered by the case . In this section, through the contradiction between the basic mentality of following tradition reflected from the people and lack of marriage legislation the author explains the necessity of betrothal legislation. Then the author put forward the legislation advice.