The Research On The Rule Of Betrothal Gifts Returning

Giving betrothal gifts when get engaged is a tradition of marriage in our country and it has experienced a long history of evolution.Until now,prior to the establishment of the marriage relationship,the custom of paying the bride price is still prevalent.In recent years,the number of disputes caused by the return of betrothal gifts has been increasing.Article 10 of the Judicial Interpretation of the Marriage Law(II)provided rules for handling disputes about returning bridewealth and filled relevant legal vacancies.However,the provision is indistinct and there are many disputes in practice.This paper attempts to start with the existing defects of the return rules of betrothal gifts.The first part analyzes the deficiencies of judicial interpretation from the two levels of substantive law and procedural law.In the second part,the mainstream academic theories about the legal nature of betrothal gifts are sorted out,and its legal attribute is explored.On this basis,the essential factors that need to be considered in confirming the bridewealth are summarized.The third part,in view ofthat giving betrothal gifts is a kind of far-reaching folk custom,discusses the conflicts between legal regulations and customary practices about the returning rules,and the influence of civil habits on the rules of returning bridewealth.Based on the foregoing analysis,points out the principles that should be applied to judge and determine the scope of returning gifts.In the fourth part,according to the procedural deficiencies pointed out in the previous section,discusses the improvement of the establishment of procedural law about the betrothal gifts’ return rules,and some reasonable suggestions on the issue are proposed.