A Study On Damages For Dissolution Of Engagement In China

The marriage contract is also called engagement.According to our traditional customs,it is a procedural content completed before the marriage relationship is concluded.Generally,it includes signing a marriage certificate and exchanging gifts.Based on the provisions of the Civil Code of China,engagement is not a legal procedure,and the conclusion of marriage is not based on the conclusion of engagement,so there is no systematic provision on engagement in the current law of our country.However,in practice,the engagement did not die out because of the lack of legal provisions.In reality,there are still a large number of cases of concluding the engagement,and a large number of property damage disputes caused by the dissolution of the engagement.Due to the lack of legal regulations on the dissolution of the marriage agreement,China lacks systematic rules for the disposal of property damage disputes after the dissolution of the marriage agreement.Based on the lack of the rule,this paper starts with the causes of the problem,explores the practical handling of property damage disputes after the dissolution of the marriage agreement in China,and analyzes the existing problems in the practical handling.At the same time,taking the formal implementation of the Civil Code as an opportunity,for the remaining controversial issues,especially the non-betrothal property damage disputes,the paper gives a systematic solution to the problem through the Civil Code,that is,taking the second paragraph of Article of the Civil Code as the entry point,and using the relevant handling regulations on the liability for breach of contract in the contract of the Civil Code to solve the non-betrothal property damage disputes.