Study On The Rules Of Law Of The Return Of The Betrothal Gifts

The return of betrothal gifts can be found dispersed in various judicial interpretations in our country. The low in legal effect and differences in precedent caused by simple rules and not conducive in solve the dispute on the return of betrothal gifts. In order to consummate the legal regulations on.the return of betrothal gifts in our country,judicial authority has to clarify the historical development law of the betrothal gifts, and find out the problems on the return of betrothal gifts based on analyzing the concept, characteristics, legal attributes of betrothal gifts, and learn from foreign laws and regulations on premarital property, we can consummate our laws and regulations from five aspects:firstly, establish the principles of setting up good customs,investigating the responsibility and protecting women’s rights and interests as the basic principles for the return of betrothal gifts;secondly, specify the legal conceptions of betrothal gifts, extinctive prescription, the plaintiff and the defendant in the case of betrothal gifts return; thirdly, make the concrete relationship of marriage as the principled factor in measuring the return of betrothal gifts;fourthly, make sovereign fault as a key factor in measuring the return of betrothal gifts;fifth, protecting the rights and interests of women is regarded as an important factor in measuring the return of betrothal gifts.