Dissertation > Excellent graduate degree dissertation topics show

On the Legal Nature of China’s Contemporary Betrothal Gifts

Author: FuShouXin
Tutor: YuJiang
School: Huazhong University of Science and Technology
Course: Legal
Keywords: Engagement Bride price Legal nature Gift
CLC: D923.9
Type: Master's thesis
Year: 2011
Downloads: 67
Quote: 0
Read: Download Dissertation

Abstract


The bride price is a marriage custom in China for thousands of years, is a unique kind of social phenomenon, rooted in traditional Chinese culture, prevalent in the vast land of China, especially in rural and underdeveloped areas, the time of the conclusion of the marriage to send bride price phenomenon is more prominent performance, become habits before marriage, society has deep historical and cultural roots. Since entering into the marriage and when to send the bride price has become a widespread social phenomenon, then it will have a lot of marriage bride price dispute must be accompanied by, and these disputes are various vary widely. So, a correct understanding of these bride price dispute, for safeguarding the legitimate rights and interests of the parties, to prevent the intensification of conflicts, and has an important role in the stability of the society. However, the research focus of the bride price is not the Marriage Law, but in real life is inevitable. The current marriage law does not clearly defined bride price dispute, only the Supreme People's Court a judicial interpretation, it is difficult to adapt to all cases, not enough to correctly handle the legal practice of bride price return of disputes. Two typical cases triggered from the bride price, and to analyze the case and set forth some of the legal issues related to the bride price, and analysis of the shortcomings of our country at this stage bride price return requirements, and finally presented the recommendations of the perfect bride price legislation, in order to trigger more in-depth discussion, which undoubtedly has important theoretical and practical significance. This paper is divided into five parts: the first part: First described in the Mainland and Taiwan famous jurist for the understanding of the legal nature of the bride price, followed by the introduction of two case from bride price return of a dispute which, and explain the legal issues involved in the case as well as cases reflect the focus of the problem, and cases of marriage bride price phenomenon occurs as an introduction to a more comprehensive understanding of the case background. Part II: the concept and features of the bride price, as well as mercenary marriage, obtain property by way of marriage \social impact. Part III: the legal property of the bride price, first cited several different theories on the nature of bride price, including: (a) the transfer of ownership; (b) from the contract says; (c) permit the convention said Kim; (d) The purpose of the gift is to say; (e) subject to obligations says donation; (vi) the conditions attached to the gift said. This paper agree with the conditions attached to the gift that the bride price with dissolving conditions of gift. At the same time to discuss the nature of the modern legal system under the bride price and return. Part IV: Discussion of bride price return provisions defects, and combined with the previous discussion of the analysis referenced in this case. Part V: the significance of bride price legislation and the principles to be followed, as well as the perfect bride price legislation proposed recommendations.

Related Dissertations

  1. The Combined Effect of Several Environmental Factor on Fertilization, Hatching and Juvenile Growth of Nile Tilapia,S917.4
  2. The Analysis and Strategy Study about Chemistry Concept Teaching Engagement at the Beginning of High School,G633.8
  3. Strategies on Encourage Students’ Classroom Participation in English Teaching in Primary School,G623.31
  4. Job Burnout: A Study on the Basis of Psychological Capital and Job Demands-Resources Model,B841
  5. Based on consumer psychology A Limited Marketing Strategy,F426.8
  6. Coca-Cola staff turnover rate in China Studies,F426.82
  7. The Relationship of Achievement Motivation, Occupational Commitment and Work Engagement of Staff,C93-05
  8. On the return of the legal issues bride,D923.9
  9. The Magnetic Flux Leakage Testing Method and System for Washover Pipe Thread,TE92
  10. The Research to the Impact Mechanism of P-O Fit on Employee Engagement Act the Example of the Communication Enterprise,F626;F224
  11. Research on the Excitation Mechanism of Employee Engagement Based on Psychological Capital,F224
  12. Survey of Undergraduate Students’ Student Engagement in Huazhong University of Science and Technology,G642.0
  13. Pay gap and employee engagement , organizational identification and organizational citizenship behavior research,F224
  14. Design and Implementation of Air Defense Command System,E917
  15. Legal Research on New-type Rural Cooperative Medical Care System,D922.16
  16. To the inner of the ceremony by the external rites,B222.5
  17. Houses for Sale is the transfer of legal research,D923
  18. Gifts , life rituals , human circle and social support networks in rural areas,C912.82
  19. Soft terms of the letter of credit and trade settlement,F740.4
  20. Analysis of Transmission Error and Vibration with Modified Spiral Bevel Gear,TH132.41

CLC: > Political, legal > Legal > Chinese law > Marriage Law
© 2012 www.DissertationTopic.Net  Mobile