Study On Engagement System In China

Historically, the wedding contract is an important part of the institution of marriage.But,the new Chinese legislation does not emphasize the importance of wedding contract in the form of legislation and it exists in the form of civil marriage and the conclusion of the process with common law marriage.In today Chinese society,many disputes arise out because of the betrothal gift which is the main form of the wedding contract,but it has not properly handled for the lack of legislation written. So,based on the analysis of marriage in legislation, difficulties exist in practice and reference Germany, Japan, the United States, Taiwan’s advanced experience,taking full account of China’s "bride price"being realistic background, specific recommendations to address these issues should be found.In this paper,three problems was being talk about,the nature and effect of marriage, dissolution of a marriage after the "bride price" of the return, the spirit of the three elements of damages after the dissolution of a marriage.In this paper,we think that marriage is essentially only a conditional gift, in the legal relations, then has the dual nature of "property contract " and "quasi-personal contract ". Therefore, it is the article focuses on the content of the return of bride price, the reason of the return, the subject of proceedings, the burden of proof and other issues. Characteristics of the personal rights of wedding contract, this article discusses in detail the spiritual dissolution of a marriage after the issue of damages.