婚约财产流转之分析

婚约作为男女双方以将来结婚为目的所作的事先约定,在现实生活中大量存在。与婚约密切相关的彩礼给付行为从性质上说是一种附以结婚为条件的民事法律行为,这一条件实际上是以将来客观上不确定的事实为内容,在条件成就前该民事法律行为成立但并未生效。彩礼所有权在结婚之前并未发生转移,故在双方未能结婚时,均应返还婚约财产。我国相关的立法及司法解释应基于理论分析与现实状况,参考国外立法,进一步完善婚约财产的相关规定。

On the Transfer of Betrothal Gifts

Engagement,as an informal form of pre-marriage contract,governing the behaviors of both sides of a potential couple,abounds in real life.Meanwhile,the giving and taking betrothal gifts,an act closely related to engagement,is in actuality act of civil law with marriage as its precondition.However,such act of civil law is legal valid but not effective before the precondition is satisfied.The ownership of the betrothal actually has not been transferred from one party to the other.Therefore,if the engaged couple do not get married to each,the receiver should return whatever s/he receives to the other party.The relevant legislation and its judicial interpretation in our country should be improved on the basis of academic analysis of relevant foreign law as well as the reality in China.