婚约及其立法构想探讨

A Discuss on Affiance and Legislation Assumption

婚约起源于古代社会的买卖婚姻,近现代多数国家或地区亲属法也规定了婚约制度。我国现行婚姻法对此没有规定,但民间订立婚约的现象则是普遍存在的,由此导致了司法实践过程中大量民事纠纷的产生。婚约性质从本质上说应属一种契约。为指导人们订立符合社会主义婚姻制度理念的婚约,规范人民法院审判婚约纠纷案件,我国婚姻法应明文规定婚约制度。

Affiance originated from mercenary marriage of ancient society. The relative law of most countries or regions also stipulate the affiance system. The current marriage law of our country has not stipulated with it, but phenomena of concluding affiance generally exist in the folk, which result in the arising of many civil disputes in judicial practice. Affiance is a contract in essence. In order to instruct people to draw affiance and get accord with the socialist marriage system, and to standardize people＇ s court to try affiance dispute case, the Marriage Law of our country should stipulate regulations of affiance system. This article analyzes the characters of affiance, and brings forward the assumption of establishing the affiance system in our country, by refering to the law stipulation of affiance in other countries.