| Marriage contract refers to an agreement concluded by both parties for the purpose of future marriage.The engagement system has long existed in the traditional society of our country,which is the necessary process of marriage in the traditional society.In the late Qing Dynasty and the Republic of China,with the surge of new cultural thoughts and the introduction of western thoughts,the system began to transform to modernization.During the period of the Republic of China,the family law of the civil law of the Republic of China was compiled from 972 to 979 articles,all of which were the norms of the legal system of engagement.First of all,this paper uses the historical method to analyze the engagement system in the Republic of China.This is mainly the basic content of the marriage contract system in the Republic of China.For example,the conditions of the establishment of the marriage contract include three elements: men and women reach an agreement,meet the legal age,and be legal,the effectiveness of the marriage contract,and thespecific reasons for the dissolution of the marriage contract.On this basis,this paper discusses the value function of the engagement system in the Republic of China,including its physical function,social function and custom inheritance function.And combined with the relevant judicial practice cases,combed the specific operation of the marriage system in the judicial practice in the Republic of China,found the linkage between the system itself and judicial practice,as well as the interaction between the system and traditional customs.In addition,due to the distinct progress of the engagement system in the Republic of China compared with the traditional engagement system,the engagement system still continues to exist and develop in Taiwan today,and still widely exists in the civil society in the mainland,which still has an important impact on the marriage relationship in modern society. |
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