Improvement Of The Betrothal Gifts System

Betrothal does a most important part in traditional Chinese marriage customs, and the betrothal gifts are a major part of betrothal. It is a happy thing f the man and the woman get married. However, if the marriage unsuccessfully, to return the betrothal gifts have become a thorny issue. Since our country abolished "Six Laws", the betrothal would disappear in our legal norms. Until family law of judicial interpretation(2004) was put in force, the word of "betrothal gifts " arises again. But the rules of return the betrothal gifts have not established completely, there are still a lot of problems in practice. The paper begins with a typical case, through the analysis of the return of betrothal gifts system to find the shortcomings, this paper to put forward some suggestions in order to improve the system.In addition to introduction, the paper is divided into four parts, about 18,000 words.The first part is the introduction of the case. It describes the origin of the case, the details of the case, the party's claim and defence and so on.The second part is the introduction of the different views and reasons of the case's controversy focus. This part summarized the focus of the dispute cases, and the different views of the parties's on facts and legal issues of the case, which leads to the specific issues this paper discussed. The issues are how to identify the bride price in the rules and in which situations can the people to return the betrothal gifts.The third part is the review and interpretationof the betrothal gifts system. This part contains three aspects: First is the discussion of the meaning of betrothal gifts, to determine the concept and the features of betrothal gifts. Second is to define the nature of betrothal gifts, compared to a variety of theories, the author think identified the betrothal gifts as the grant contract which attached the relieving conditions is more appropriate, and then the paper confirmed the relieving conditions which attached to betrothal gifts. The final analysis a variety of existing regulations which attached to betrothal gifts, compared to the foreign country's laws, find out the defects of our laws, and then put forward some proposals.The fourth part is the conclusion. First of all, analysis the case, identify the legal relationship between the parties and clear the responsibilities of the parties to undertake. Then concludes the whole paper.