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订婚后一方可否要求解除婚约?

发布于:2019-01-02 18:53

问:小王经人介绍,结识了姑娘于某,在父母的催促下匆匆忙忙订了婚。小王后来在与于某的书信往来中,发现于某有很多毛病他受不了,故提出与于某分手。于某不肯,并以死相威胁。请问,小王在与于某订婚后,是否可以要求解除婚约?小王因订婚给于某的金首饰等物品,可否要求返还?如果分手后,女方真的做出轻生的傻事,男方是否要承担法律责任?
 
Question: Xiao Wang Jingren introduced that he met the girl Yumou and hurried to get engaged under the urging of his parents. Xiao Wang later found many faults in his correspondence with Yu, and he couldn't stand them, so he proposed to break up with Yu. Yu refused and threatened with death. May I ask Xiao Wang if he can ask for the dissolution of his engagement after his engagement? Xiao Wang is engaged to some gold jewelry and other items, can you ask for return? If after breaking up, the woman really does something silly, does the man bear legal responsibility?
 
答:首先,小王虽与于某订了婚,但仍有权终止恋爱关系。订婚是指男女双方以将来结婚为目的而作的事先约定,它是一种民俗。按照我国婚姻法的规定,只有男女双方在婚姻登记机关办理了结婚登记,才算结婚,法律上也才承认,并予保护。而订婚并非结婚的法定的和必经的程序,因此,也就不具有法律效力,也就不受法律的保护。所以,小王在发现与于某不合提出与于某分手,是无可非议的。
 
Answer: First of all, Xiao Wang is engaged to Yu, but still has the right to terminate his relationship. Engagement refers to the prior agreement made by both men and women for the purpose of future marriage. It is a folk custom. According to the provisions of the Marriage Law of our country, only when both men and women have registered their marriages in the marriage registration organ can they be considered as marriages, which are recognized and protected by law. But engagement is not the legal and necessary procedure of marriage, so it has no legal effect and is not protected by law. Therefore, Xiao Wang found out that he did not agree with Yu and proposed to break up with Yu, which is beyond reproach.
 
其次,小王在订婚后给于某的金首饰等物品,可以通过双方自行协商,调解或诉讼解决。如经双方协商,女方主动退还,当然更好,如果女方不愿主动退还,则可通过有关部门进行一些调解或向法院起诉要求返还财物。但如果这些物品为男方自愿赠送,原则上不予返还,如系女方强行索要或借订婚骗取的财物,则应予以返还;贵重的金首饰物品应当返还,小件物品可以不返还。
 
Secondly, the gold jewelry and other items given by Xiao Wang after his engagement can be settled through negotiation, mediation or litigation. It is better for the woman to return the property on her own initiative after consultation. If the woman is unwilling to return the property on her own initiative, she can make some mediation or bring a lawsuit to the court to ask for the return of the property. However, if these items are given voluntarily by the man, they will not be returned in principle. If they are obtained by the woman by force or by engagement fraud, they should be returned. Valuable gold and jewelry items should be returned, and small items can not be returned.
 
再次,对于法律责任,只有出现了法律上规定的应当承担的责任的情况,才应当承担。在我国,结婚以男女双方自愿为前提。小王与于某在结婚前提出分手这一行为本身并不违法,因而也就谈不上什么法律责任。
 
Thirdly, as for legal liability, it should only be assumed if there is a situation of legal liability that should be assumed. In China, marriage is based on the willingness of both men and women. It is not illegal for Xiaowang and Yumou to break up before they get married, so there is no legal liability.
 
 

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