关于我国婚约的法理学分析

我国婚姻法对婚约采取放任的态度,完全由道德调整,婚约不具有任何法律效力。我国现实生活中广泛采用婚约的实际与我国婚姻法对婚约规定的缺如极不相称。现实生活中人们广泛采用婚约是因为婚约存在道德的规制效力,婚约的采用能增加未来结婚的期望性。但是,如果婚约仅有道德约束性而不具有任何法律效力,那么,婚约就很有可能只是约束了有道德的守约人,对道德低下的人任意毁约反而是一种纵容。既然婚约是由双方当事人自愿订立,当然应该有其法律效力,只是其效力的范围不及人身而已。我国婚烟法对婚约的放纵显然缺乏法理的支持,对因婚约而引发的财产纠纷根据军人与非军人的不同而区别对待,更是缺乏正当性。

Analysis on Engagement in Jurisprudence

Marriage Law of our country does not limit the engagement, and puts it to the moral field, which makes it invalid in law. The absence of regulations about engagement can t meet the practical needs. In real life, engagement exists extensively for its moral obligation which may increase the marriage expectancy in the future. But if the engagement only has moral obligation, the moral observer will only be fetters, and those who violate the engagement will be connived. For engagement is run on a voluntary basis, it should has law force. That engagement does not has its place in marriage law which is unsustained by jurisprudence, in addition, it's not justice that disputes caused by property are treated differently according to the difference between armyman and non - armyman.