Traditional Culture Encyclopedia - Almanac inquiry - September 2022 is an auspicious day for engagement.
September 2022 is an auspicious day for engagement.
Engagement, also known as engagement, according to China folk customs, usually before marriage, there is an engagement ceremony: signing a marriage contract, exchanging gifts, or setting up a matchmaker. However, according to China's current marriage law, engagement is not a necessary procedure before marriage, and a marriage without engagement does not lose its marital validity.
(1) Engagement is not a necessary procedure and condition for marriage. Whether to conclude a marriage contract is up to the parties themselves, and the law does not interfere. However, the marriage contract must be completely voluntary by both men and women, and no other person may interfere forcibly.
(2) The engagement has no legal effect. After the marriage contract is concluded, either party can express its intention to dissolve the marriage contract, which will have the effect of dissolving the marriage contract without the consent of the other party. This is because marriage is a combination of men and women based on love, and it is voluntary. If one party asks to dissolve the engagement, it means that they do not have the basic conditions for marriage, so they should be allowed, otherwise it will interfere with the freedom of marriage.
(3) Regarding the property disputes caused by the dissolution of the engagement, the principle of handling in judicial practice is that the donee generally has no obligation to unconditionally return the property donated during the engagement; Gifts of higher value given for the purpose of marriage (commonly known as engagement tokens) should be returned as appropriate. Of course, those who cheat money in the name of engagement should be returned to the victims. In addition, the property received in the form of arranged sales should be confiscated according to law or returned as appropriate.
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