Legal System Marriage

Engagement phenomenon has a long history in the history of most countrieshave legislation to form the necessary regulation and adjustment, also play a role inenacted law of ancient China, but China’s modern marriage law should be excluded, sothat it is attributed to the category of moral adjustment. Currently, meanwhile, theemergence of a large number of disputes related to the engagement has exposed theengagement legislation shortcomings, such as the relief rights damaged cannot and judgediscretion in judicial arbitrary use etc. This not only violates the rule of law concept, butalso seriously affected the law’s authority. Therefore, the engagement legislation has aprofound practical value and social significance, from the perfect law of guide function,promote the interaction between the law and the folk customs of rational, standardizejudicial practices, reduce social contradictions, realizing the social fairness and justice, etc,it is very necessary. This article is intended to in view of the reality contradictionprominent engagement dispute problems by using the theory of civil law is analyzed,through to the domestic and foreign legislation experience for reference, puts forwardsome views, so as to the engagement of law problems can be academic circles moreattention, for application of law in the judicial practice to provide relevant theory support.The first chapter through to the marriage introduction and illustration, concept,types and properties to legal position of engagement, is explained in the legal nature of theengagement, through the different historical period the engagement properties of thelongitudinal comparison and modern engagement properties of the transverse comparison,different countries and regions on the legal attribute of engagement is the article’s point ofview. Think in the modern sense of engagement, which involves more than is personalrelations, mainly by relatives should be adjusted, the related or property arising from therelationships is, in fact, do not belong to the legal relationship of marriage itself, andtherefore should be according to the relevant laws and regulations shall be applicable tothe specific situation.The second chapter mainly discusses the establishment of the engagement, engagement, requirements and the effective important documents and issues ofeffectiveness and engagement of the lift. Discusses the engagement and remove therelevant contents of rights including the engagement of the subject and remove way, theengagement to lift type, the engagement of lift and remove engagement is the legalconsequences, especially for engagement of legal termination reason, put forward thecorresponding definition standard, to maintain engagement innocent relative person’slegitimate rights and interests in our relationship.The third chapter damages incurred after the termination of the engagement of civilliability issues. Including damages incurred after the termination of the engagement is thenature of the liability, damages, liability for damages based on the constitutiverequirements and the scope of damages, etc. The engagement after damage compensationis not typical of tort liability and liability for breach of contract, but has tort liability andliability for breach of contract belongs to a special kind of civil liability. Engagement afterremove damage compensation liability damages, including property and the propertydamage compensation, to achieve a certain degree of physical and mental damage, damageof one party is entitled to claim compensation for mental damage.The fourth chapter involves engagement removes the civil liability of the giftproperty returned. Donatives behavior belongs to the attached termination conditionsduring the period of engagement is a gift, to concluded for the condition of the marriage,the engagement after termination, the period between the two sides of the gift property,including the clear for the purpose of marriage to a gift from and related fees, theengagement of men and women give each other gifts, the engagement of the gift propertyof a third person other than the men and women and has a special symbol or memorablegift, etc., shall be according to particular case is particular analysis. At the same time, thefault of the parties should also be considered to establish rules of engagement to lift afterthe gift property returned.