论文部分内容阅读
我国的婚约立法尚属空白,但是婚约纠纷却层出不穷。将婚约问题进行立法规制具有必要性:婚约问题属于法律规制的范畴;法律应对婚约中的信赖利益予以保护;司法审判实践的不便也呼吁婚约的立法规制。在婚约关系中,自愿原则贯彻始终,有关婚约立法违反婚姻自由原则的观点是不成立的。
China’s marriage contract legislation is still blank, but the marriage contract dispute is endless. It is necessary to legislate the marriage contract issue: the issue of marriage contract falls into the category of legal regulation; the law should protect the trust interests in the marriage contract; and the inconvenience of judicial trial also calls for the legislative regulation of marriage contract. In the relationship of marriage, the principle of voluntariness has been consistently implemented, and the view that the marriage legislation violates the principle of freedom of marriage is not established.