Why betrothal is not a civil act 20

The following is an explanation of the question of why engagement is not a civil act from three perspectives. The second and third perspectives are used to help you understand.

Angle 1: As far as civil law is concerned, acts are divided into two categories: civil acts and de facto acts.

A civil act is an act in which the expression of intent is an element in which civil legal consequences occur, and a civil act is also called a legal act. The so-called factual conduct refers to the act that the actor does not have the intention of establishing, modifying, or terminating a civil legal relationship, but can cause civil legal consequences in accordance with the provisions of the law.

The purpose of engagement is to get married, but the mere act of engagement does not establish, change or extinguish civil legal relations, nor does it directly reflect the legal consequences of marriage. However, in accordance with the provisions of the law, the principle of public order and good customs, and the principle of good faith, although there are no civil legal consequences for the marriage relationship, there will be civil legal consequences such as the obligation to return. So engagement is a de facto act.

Angle 2: According to Professor Wei Zhenying, civil acts are the acts of establishing, changing, or terminating civil rights and obligations of natural persons, legal persons, or other organizations. Of course, there is also no doubt that meaning is represented as an element.

In this way, it is easier to distinguish between the intention to directly establish the rights and obligations of marriage at the time of engagement. (The act of marriage is the establishment of corresponding marital rights and obligations by means of the intention to marry), from which it can be clearly distinguished that engagement is not a civil act.

Angle 3: There are only seven types of civil acts that use the enumeration method to explain what is a civil act: contract act, marriage act, testamentary act, adoption act, disposition act, gift act, reward and remuneration, etc.

That is to say, the provisions of the law either expressly or implicitly stipulate that the above seven kinds of acts are civil acts.

Betrothal refers to the act of a man and a woman reaching an intention to marry and agreeing on the matters of engagement. In our country's law, engagement is not a civil act, it is a personal act in law.

Civil acts refer to the voluntary and intentional acts of individuals or organizations in civil relations in accordance with the provisions of law, including acts such as establishing, modifying, and terminating civil legal relations. However, engagement does not have the attributes of a civil legal relationship, so it is not a civil act.

In our country, the Marriage Law stipulates some basic rules and legal effects of betrothal. For example, the engagement should be genuine and voluntary, without coercion, deception, etc., and the engaged parties should respect each other and must not harm the interests of the other party because of the cancellation of the engagement. In addition, if one of the engaged parties breaches the contract, resulting in losses to the other party, the other party can claim compensation.

However, such compensation usually falls under the category of tort compensation, not civil acts.

Therefore, although betrothal has certain legal effect and provisions in the marriage law, it is not a civil act, but a personal act in law.

Because the Marriage Law, the Marriage Registration Regulations, and the Judicial Interpretation 123 do not recognize engagement.

Civil acts, also known as legal acts, refer to the lawful acts of civil subjects to establish, modify, or terminate civil rights and obligations. According to the provisions of the General Principles of China's Civil Law, civil juristic acts are lawful acts and are characterized by legality.

Legal Analysis: Betrothal is not legally valid. Betrothal is simply the practice of a man and a woman entering into a marriage contract before the formal formalities of marriage, which is a folk custom.

If one of the engaged men and women does not want to get married, they only need to notify the other party and do not need to ask for the other party's opinion. The notified party cannot restrict the other party for any reason and force the other party to marry him, otherwise, it is an illegal act.

According to Article 1046 of the Civil Code, marriage shall be completely voluntary between a man and a woman, and neither party shall be allowed to coerce the other party, nor shall any organization or individual interfere with it.

Article 1049 stipulates that a man and a woman who wish to marry shall apply for marriage registration in person at the marriage registration office. Where the provisions of this Law are met, they shall be registered and a marriage certificate shall be issued. The marriage relationship is established after the marriage is registered.

If the branch is not blocked for marriage registration, it shall be re-registered.

Legal basis: Civil Code of the People's Republic of China

Article 1046:Marriage shall be completely voluntary between a man and a woman, and neither party shall be allowed to coerce the other, nor shall any organization or individual interfere with it.

Article 1049: A man and a woman who request to marry a marriage shall apply for marriage registration in person at the marriage boarding and filming office. Where the provisions of this Law are met, they shall be registered and a marriage certificate shall be issued. The marriage relationship is established after the marriage is registered.

Where marriage registration has not been completed, the registration shall be re-registered.

1. Whether the engagement has legal effect

1. Betrothal has no legal effect, and China only recognizes registered marriages. According to the relevant laws and regulations, a man and a woman who wish to marry shall apply for marriage registration in person at the marriage registration authority. If the requirements are met, it shall be registered and a marriage certificate shall be issued.

The marriage relationship is established after the marriage is registered. Where marriage registration has not been completed, the registration shall be re-registered.

2. Legal basis:

1) Civil Code

Article 1049.

A man and a woman who wish to marry shall apply in person to the marriage registration authority for registration of the marriage. Where the provisions of this Law are met, they shall be registered and a marriage certificate shall be issued. The marriage relationship is established after the marriage is registered. Where marriage registration has not been completed, the registration shall be re-registered.

2) The Supreme People's Court on Application.

Interpretation of Marriage and Family (1).

Article 6: Where a man and a woman apply for marriage registration in accordance with article 1049 of the Civil Code, the validity of the marriage relationship shall be calculated from the time when both parties meet the substantive requirements for marriage as provided for in the Civil Code.

2. How to deal with engagement disputes

1. For disputes arising from engagement, they can be divided into two categories:

1) Personal disputes.

The court will not accept personal disputes. For example, one party sues for performance of the marriage contract or for breach of contract against the other party.

2) Property disputes.

2. The court shall accept any property dispute arising from the marriage contract. According to the relevant judicial interpretations, the courts generally follow the following principles when dealing with property disputes arising from the dissolution of a marriage contract or the termination of a romantic relationship:

1) In the case of the sale and purchase of marital property under the pretext of a marriage contract, the party receiving the property shall be subject to a judgment of confiscation into the state treasury if the party receiving the property is illegally gained, and the party who handed over the property is in fact an instrument of illegal activity.

2) Where property is defrauded in the name of love or engagement, in addition to constituting the crime of fraud, all the property obtained by fraud should also be returned to the victim.

3) If the property is solicited through the marriage relationship, if the marriage is not long at the time of divorce, or if the other party has difficulty in living due to the request for property, it can be returned as appropriate. Where it is difficult to determine whether the nature of the property acquired is a solicitation or a gift, it may be handled as a gift.

When the marriage contract is dissolved or the relationship is terminated, it should be handled separately according to the circumstances. If property of little value is given to the other party in order to enhance affection, it shall be handled in accordance with the gift relationship and shall generally not be returned; If the gift is of greater value for the purpose of marriage, it can be regarded as a gift with a condition for dissolution, and if the marriage cannot be concluded, the donor shall be allowed to claim a return request.

According to the relevant laws of our country, engagement is not a necessary procedure for a man and a woman to get married, so it is up to the parties themselves to decide whether to choose an engagement. Even men and women who are not engaged can register their marriages if they meet the conditions for marriage established by law, and this will not have any effect. I hope the above content can be helpful to you, if you have any other questions, you can click the button below to consult, or consult a professional lawyer.

An engagement is not legally binding. According to our folk customs, sometimes before marriage, men and women will also enter into a marriage contract, which is commonly known as engagement, but this behavior is not legally binding on the parties to the marriage. Only when a marriage is registered can it be legally effective.

Legal basis: Article 1049 of the Civil Code of the People's Republic of China stipulates that a man and a woman who request marriage shall apply for marriage registration in person at the marriage registration authority. Where the provisions of this Law are met, they shall be registered and a marriage certificate shall be issued.

Those who know the completion of the fight become marriage registration, that is, the establishment of marriage relations. Where marriage registration has not been completed, the registration shall be re-registered.

Legal Analysis: Betrothal is not legally valid. According to our folk customs, sometimes before marriage, the man and woman will make a marriage contract, which is what we commonly call engagement, but this kind of behavior does not have a legal binding force on the parties to the marriage.

Only when a marriage is registered can it be legally effective.

Legal basis: Article 1049 of the Civil Code of the People's Republic of China provides that both men and women who wish to marry shall apply for marriage registration in person at the marriage registration authority. Where the provisions of this Law are met, they shall be registered and a marriage certificate shall be issued.

The marriage relationship is established after the marriage is registered. Where marriage registration has not been completed, the registration shall be re-registered.

Legal analysis: The legal nature of engagement is a prenuptial contract, and the loss is not legally effective without going through the legal procedure of marriage registration, and there is no legal marriage relationship between husband and wife, and the legal adjustment between husband and wife does not apply, and the parties can freely negotiate to withdraw from the marriage.

Legal basis: Article 1049 of the Civil Code of the People's Republic of China A man and a woman who wish to marry shall apply for marriage registration in person at the registration office of the Marriage Dengqing Bureau. Where the provisions of this Law are met, they shall be registered and a marriage certificate shall be issued.

The marriage relationship is established after the marriage is registered. Where the marriage registration has not been completed, the registration shall be re-registered.

Legal analysis: The engagement does not have legal effect, and only after the marriage registration can the parties establish a legal marriage relationship.

Legal basis: Article 1049 of the Civil Code of the People's Republic of China: A man and a woman who wish to marry shall apply in person to the marriage registration authority for registration of the marriage register. Where the provisions of this Law are met, they shall be registered and a marriage certificate shall be issued.

The marriage relationship is established after the marriage is registered. Where marriage registration has not been completed, the registration shall be re-registered.