Theory Of Engagement Of Damage Compensation

Engagement is between men and women for marrage to make a prior agreement.The engagement since the ancient times is the common folk customs of marriage,in the feudal society,the rulers attach great importance to the adjustment specifically introduction of publish relevant laws and regulations.In modern times,many countries and regions have already established the system of engagement.Then,after the founding of new China,legislator successively promulgated two marriage law did not involve marriage problems.In the modern society,the engagement falls within the range of moral adjustments,when one party wants to terminate the engagement,each other can not apply to the court forced marriage.With the development of the society,people's ideological emancipation,the engagement to lift phenomenon be becoming more frequent,from the damages caused by engagement lift problem is becoming more complex,the legislative status quo of today has been difficult to meet the needs of society.When the engagement to remove damaged party choose through litigation way by dealing with the problem of damage compensation,their legitimate rights and interests protection are hard to come by,even it is very prone to accomplice to damage the serious consequences of judicial authority.For typical legislation comparison analysis of national,regional,and adopt the reasonable parts,to build engagement lift damage compensation system suitable to China's basic national conditions has far-reaching significance.This paper includes the following several parts:Part one is embarks from the typical case analysis leads to the problems,summarizes the similar cases of disputes,and at the same time,draws the reader's attention to engagement to remove damage compensation.Part two is the engagement terminate the generalization of damages.Firstly,engagement is through the analysis of the theory of two different nature of contracts,then clear that the engagement lift way reasons and consequences and to know more about the engagement to remove basic situation,the legal analysis is for engagement to remove damage compensation which includes nature,theoretical basis,constitutive requirements and compensation scope.In this range from four aspects,it builds a tentative proposal to our country related system through a concrete analysis.Part three according to the typical five countries and Chinese Taipei,conduct a comprehensive analysis of the relevant legislation,basically,the different content of compensation for specific comparative analysis of the construction of the relevant system has a basic understanding.Part four is mainly analyzes our country's basic national conditions,specially,to build engagement to remove the realistic necessity of compensation system and to improve the related system in Chinese to solve trouble back at home.And in the meanwhile,combined with the comparative law analysis,to put forward the feasible suggestions on legislation in our country,to improve the engagement damage compensation legislation in our country,lastly,to provide legal basis for solving dispute over the engagement.