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Pin On Several Aspects On Engagement

Posted on:2012-08-05Degree:MasterType:Thesis
Country:ChinaCandidate:Y JiangFull Text:PDF
GTID:2216330371954091Subject:Law
Abstract/Summary:PDF Full Text Request
At present, the system of engagement, in our marriage legislation has not been demonstrated, but as an ancient yet customs, whether in the city or in the country have been there. Due to the lack of regulations, life produces large amounts of affiance dispute, judicial practice is also a lack of convincing judgment basis, leading to the judicial disunity. Such problems if not handled properly will cause the intensification of contradictions, provoke retaliation murders, such as crime, social order and stability. This paper attempts through text analysis, discuss our country to build the engagement system's necessity, and put forward the concrete system construction proposal.This paper is divided into preface, text, conclusion of three parts. The introduction part, through two typical case, pointed out the affiance dispute in our country exists, explains the necessity to discuss.The text is divided into five parts. The first part : a brief engagement system, based on the definition of China, and engagement of the engagement system of history, let the reader to have a basic understanding of the engagement system.Second part: on the engagement system of the person and property of two aspects of the legal theory of the introduction, let the reader to the engagement system from legal theory to deepen understanding, also behind the engagement system is built provide academic support.The third part: in the mainland of China and Taiwan area marriage legislative comparison of the system, and through the case analysis describes a lack of engagement in judicial legal basis of unification, for behind the marriage legislation necessity to prepare.The fourth part: from the legal function, solve real disputes need, law has been to protect their national interests, achievements in the perspective of China's system of marriage legislation necessity.The fifth part: put forward the proposals for establishing the engagement system in china. From the basis of theory and practice, in the constitution, effectiveness, lifting the legal consequences of such aspects of specific regulations and explain the reasons. The conclusion, summarizes our country to establish again the engagement system of practical significance.
Keywords/Search Tags:The identity of the contract, force, personal relationships, property relations, legislation, judicial unity, necessity, constitutive requirements, gift returned, compensation for damage
PDF Full Text Request
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