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中华民国民法在婚约专节之中专门规定了婚约无效制度。婚约无效规定是指婚约业已成立但欠缺生效要件的情形。在司法实践之中也有对无效婚约可视为事后追认的柔性设计。可被两造列为对无效婚约事后追认之举证包括同居一处、出席订婚仪式、彼此往来、参与庆吊活动、书信往来及其他情形等。不过这些情形仅为可能被作为事后追认的当庭陈述或呈堂证据,但最终能否被采为胜诉定案之证据,推事还要综合探究当事人之真意。对无效婚约事后追认的柔性设计,是刚性的立法规定与巨大惯性的民间习俗之间冲突碰撞的产物。
Republic of China civil law in the contract section specifically stipulates the marriage contract invalid system. Invalid contract is the marriage contract has been established but the lack of entry requirements. In judicial practice there are also flexible designs that can be considered as ex post facto contracts. Two evidences that can be sanctioned for recognition after an invalid contract include cohabitation, attendance at a marriage ceremony, engagement with one another, involvement in celebration activities, correspondence between the parties and other circumstances. However, these cases are only testimony or court evidence that may be ratified after the court confirmation. However, whether these cases can be finally proved as evidence of winning a victory will require comprehensive inquiry into the parties’ true wishes. The flexible design ratified after an invalid marriage contract is the result of a clash of rigid legislative provisions with the immensely inert folk customs.