Research On The Marriage Contract Dispute Damages

The engagement refers to both men and women in the future the marriage relationshipfor the purpose of concluded, after the engagement of both men and women are subjected tothe constraints of marriage. The author through to the Guizhou province in Leishan countywest region on a field survey on the manners and customs of the engagement, on the basis ofanalysis the result of the investigation, compiled a research report.Engagement on the groundis very common, but without lifting once entered into the marriage contract, compensationfor arbitrary annulment lies to each other because they engaged the liability for damage toproperty. Engagement in the Western Zhou dynasty began to appear, and provides a range ofengagement process,"six" is the program provisions on marriage, which takes in a dynamicand ask, Nigel, Turner’s syndrome,"four" is the ancient rules of engagement, engagement inall dynasties following the detailed provisions. Each dynasty after all made a detailed rulesfor engagement, without the engagement of marriage is invalid, marriage with each otherresponsible engagement, contravenes the rules of engagement will be punished by law. Withthe development of the times, engagement of this phenomenon has gradually moved awayfrom the ancient parents shots, no opposition developed to the parents of the child are nolonger engaged in the decider, both men and women is the marriage contract is made adecision, for which, many foreign countries and regions are more detailed regulation of themarriage. However, after the founding of new China, marriage is treated as a vice of feudalinterference in the freedom of marriage are excluded from the law, since1950, the purpose ofmarriage to a later modification of the previous marriage and current marriage laws are notimposed on marriage. Marriage traditionally belongs to the category of moral adjustment inour country, the law does not recognize the validity of marriage, but did not make theprohibitions to marriage and, therefore, civil marriage in China persisted, especially in thecountry’s remote areas. But as economic of development, rural large youth out workers, andschool, rural area traditional of social practices gradually was break, due to engagementproduces of disputes increasingly General, by engagement lifted raised of damagecompensation also increasingly more, traditional of moral power has in settlement this classproblem Shi is overwhelmed, plus my legal on this aspects of legislation blank, this classdisputes have not to settlement raised of social problem increasingly serious. This articlefrom the Xijiang River through the marriage practices in the area of research, learn aboutlocal marriage customs, to undertake a study on damages of Hmong in the marriage contract analysis and establishing marriage contract damages system in Miao nationality make severalpoints. Apart from the introduction and conclusion, this paper is divided into five sections:Part one: overview from the Xijiang area, southeastern Guizhou engagement practicesand research situation clarification which leads to problems. This section is mostly aboutmarriage customs in West River area through that and in the analysis of the survey results arebased on the marriage of Miao in China and there is a conflict between national laws.Part II: overview of marriage, the nature and historical development. This part mainly tothe meaning of marriage, the nature of the marriage contract describes the system in ourcountry’s history and brief marriage legislation on foreign countries and regions.Part III: dissolution of the compensation for damages. Miao dissolution of damagecompensation system set out the status, issues and problems that cause analysisPart IV: Miao construction contract dispute damages system of real necessity. This partintroduces the dissolution analysis of the nature of the damages, as well as the legal basis forestablishing damages system of the marriage contract in China and real necessity, anddescribes the dissolution kinds of damages.Part five: the Miao Chinese dissolution system of compensation for injury of severalsuggestions. Through the previous sections described in the analysis, as well as relevantlegislation on the basis of experience for reference on how to construct the dissolutiondamage compensation system in our country with legislative proposals.