Research On The Effect Of Betrothal

The engagement as a long history of folk custom, once as a national law enforcement. Since the founding of new China, our country has issued two marriage law, have no effect on the engagement was expressly. In reality, engagement is still prevalent, especially in rural areas, if not engaged had made the marriage registration, may even be considered irregular. But the engagement was just engagement, after the engagement without successful marriage, often because of dissolution of a marriage and dowry return and disputes.The court to handle related disputes, in accordance with just a few judicial interpretation, to cope with the complex social reality. The engagement system of civil law is not always the focus of academic study, but it is a blind spot. Therefore, the author through to the Supreme People's court as a typical case of the analysis, some theoretical problems are discussed, in order to benefit the legislative decision.Besides introduction and conclusion, is divided into three parts:Part I: according to the case study. In this part, the author describes a typical case of dowry dispute case, and at all levels of court decisions on the case;Part II: the case of the main focus of the dispute and difference. In this part, the author of the first part case case are summarized, cite the related legal issues;Part III: the engagement system of examining and interpreting. This part mainly includes four aspects: the first is the engagement of the definition of the concept, analyzes the basic characteristics and properties, and the engagement system history undertakes combing, thereby to modern marriage system to have a preliminary understanding; followed by the various countries and regions of the relevant legislation for examples, to analyze its advantages and disadvantages, as the engagement system in China Construction bedding; subsequently the narrative is in our country's legislation present situation, proposed the current system defect, description of the improved be imperative; finally through the contracting body condition, engagement effectiveness, engagement and dissolution of invalid, gift property attribution, after breaking the engagement. Damages of these five aspects of the legislation, the establishment of the system of engagement.