Study On The Identification And Return Rules Of Engagement Property

Engagement property disputes are clearly related to engagement and property.How does the payment of the engagement property maintain their property rights when a marriage or divorce occurs? Can the parties to the marriage make compensation for mental damage based on the marriage? How does the court determine the scope of the contracted property in the case of a marriage dispute,determine whether the payment has occurred,and determine the proportion of the return of the engagement property,as appropriate? The rules of return of engagement property are related to the amount of bride price,registration of marriage or not,the length of cohabitation time,conceiving children or not,the faults in the aspect of breach of engagement or divorce and many other factors.Comprehensive consideration of these factors is the premise of the case of justice,but also the need to unify judicial standards and judicial standards,and to maintain the authority of the judiciary.Since our legislation at this stage is not complete,legal or judicial interpretation of this type of case is not clear.For the identification of engagement property and return rules and other issues,the parties have their own words.The results of the judgment in the courts of different districts or in the same district are not uniform,therefore,there are still many problems in the practice of trial.This paper explores three aspects of legislation,judicial practice and jurisprudence in order to find a more feasible judicial method or standard for judicial practice to solve the engagement property dispute.First of all,through two typical cases,it introduces the common controversy of engagement property disputes in judicial practice.Secondly,it discusses the nature of marriage and bride price,which introduces and analyzes the current legislation and the lack of engagement property in China.Moreover,it puts forward their own arguments on how to deal with such cases.It focuses on the engagement property identification and return rules.Aiming at the core of the exercise of the discretionary power of judges,it discusses the scope of engagement property,the determination of payment behavior,the limitation of action of engagement property disputes,the proportion of repayment and the compensation for mental damage.And then,it analyzes the cited cases to think about other legal issues triggered by the case and makes suggestions on how to improve the legal system of marriage disputes in China.Finally,it puts forward the author's own point of view around the exact application of the law,and following the principle of fairness and principles of public order and other principles of civil law to make impartial judgment,and toproperly resolve the engagement property disputes and other issues.