摘要
现今彩礼在我国并没有法律上的明文规定,但却以风俗习惯的形式普遍存在,这就导致当我国各地区出现彩礼返还纠纷时处于无法可依,同案不同判的局面。基于此种情形,我国针对彩礼的规定需进一步完善。本文从彩礼的渊源、特征、认定的相关问题以及彩礼返还之诉的性质方面进行了讨论,并就彩礼法律规定的完善提出了建议。
Nowadays,the bride price of our country has no legal regulations,but it commonly exists in the form of customs and habits. This situation leads that we have no law to abide when it happens that the disputes appear in different regions of our country. So we can often see the different judges on the co- defendants. Based on the situation,the regulations for the bride price in our country should be further perfected. The article will discuss the issue from different aspects,such as the origin,the characteristics,the identification and the nature of returning. And I also advise on the improvement about the regulations of the bride price.
关键词
彩礼
返还之诉
立法完善
the bride price
lawsuit of return
legislation