摘要
婚约是婚姻关系建立前的习惯性程序,经历了从罗马法、寺院法到近现代法的不同发展时期,产生的法律效力也各有不同。婚约在我国是一种重要的民事习惯,历代封建统治者都十分重视对婚约关系的调整。婚约的成立应以当事人自愿自行订立、具有完全民事行为能力、未婚及无禁止结婚的血亲关系为条件,依法成立的婚约对双方当事人及第三人均产生一定的法律效力。婚约存续期间双方互赠的财物,在婚约解除时应按不当得利予以返还。一方擅自解除婚约或因他方过错而解除婚约的,无过错方可请求损害赔偿。将婚约视为纯粹的道德问题,不仅人为地缩小了民法的调整范围,也不利于财产纠纷的解决,应通过民法典的制定予以规范。
Engagemcnt is a customary procedure before a marriage. Engagement has been in existence from Roman law to Temple law until contemporary law, having different legal effects during different periods of time. Engagement is an important civil custom in our country. Feudal leaders of different generations all paid much attention to it. The engagement should be set willingly between two unmarried parties with full abilities and without any relationship, which is forbidden by the marriage law. Engagement according to the law can take effect in both parties and other people. The properties, which are given by the spouse should be given back as illegitimate rights when the marriage is broken. The party without fault could ask for indemnity from the other party who make bold to deliquesce the engagement or from the party with fault. Engagement should not be considered as just a moral matter. Otherwise, the civil law has been limited, meanwhile causing trouble to solve the disputes over property. We should involve engagement in our civil code.
出处
《河北法学》
2003年第6期54-59,共6页
Hebei Law Science
