| 英文摘要 |
The Rule on Betrothal Gift Disputes is a practical example of filling legal gaps through judicial interpretation. It essentially conforms to the scientific principles and methods of gap filling and holds significant methodological value in legal studies. There are gaps in the relevant civil laws of China regarding the issues of betrothal gifts and their return, as there are no explicit provisions. In the absence of legislation or legislative interpretation by the legislative body to fill the gaps in the rules concerning betrothal gifts, the Supreme People's Court has filled these gaps by formulating the Rule on Betrothal Gift Disputes using the method of supplementary legal interpretation. Contemporary customs regarding betrothal gifts and related jurisprudence serve as important materials for filling these gaps. Transforming such materials into adjudicative rules requires adherence to the fundamental value guidance of the Civil Code, particularly its Marriage and Family section. The Rule on Betrothal Gift Disputes is based on legal principles such as the principle of freedom of marriage, the principle of voluntariness, the principle of good faith, the principle of non-violation of laws, and the principle of non-violation of public order and good morals. On the basis of correctly applying the rules of interpretation of legal acts and the rules of agreements on personal relationships, it adapts the rules of gift contracts and conditional civil legal acts. Within the framework of the legal order, it creates specific rules that align with the nature of betrothal gift relationships and can reasonably balance the interests of the parties involved. |
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