A Preliminary Analysis of the Legal Principles and Reasoning of Property Disputes in Marriage Contracts

婚约财产纠纷类的案件,往往存在着法与情的交织,法官审理或律师办案时存在对于法理与情理的考量,“合法而不合理”“合理而不合法”的冲突往往存在难以避免的情形,故笔者试图通过案例评析、文化背景分析、现实法理论冲突等角度浅析婚约财产案件的法理与情理。Cases involving marriage and property disputes often involve an interplay of law and emotion. Judges and lawyers need to take into account both legal principles and common sense in their work. The coexistence of “legally valid yet emotionally unreasonable” and “emotionally justified yet legally invalid” scenarios inevitably gives rise to conflicts. Through analysis of several representative cases, this study attempts to examine the dialectical relationship between legal principles and reasoning in betrothal property disputes, with a particular focus on resolving the inherent contradictions between statutory provisions and social ethics in such marriage litigation.

Authors

Publication Details

Journal
Dispute Settlement
Published
2025-01-01
DOI
https://doi.org/10.12677/ds.2025.116207
Citations
1
Primary Topic
Conflict of Laws and Jurisdiction
Type
article
Field-Weighted Citation Impact
8.52
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article

A Preliminary Analysis of the Legal Principles and Reasoning of Property Disputes in Marriage Contracts

阳 高
1 citations
Dispute Settlement
Conflict of Laws and Jurisdiction
8.52
article

A Preliminary Analysis of the Legal Principles and Reasoning of Property Disputes in Marriage Contracts

阳 高
article en
1 citations

Abstract

婚约财产纠纷类的案件,往往存在着法与情的交织,法官审理或律师办案时存在对于法理与情理的考量,“合法而不合理”“合理而不合法”的冲突往往存在难以避免的情形,故笔者试图通过案例评析、文化背景分析、现实法理论冲突等角度浅析婚约财产案件的法理与情理。Cases involving marriage and property disputes often involve an interplay of law and emotion. Judges and lawyers need to take into account both legal principles and common sense in their work. The coexistence of “legally valid yet emotionally unreasonable” and “emotionally justified yet legally invalid” scenarios inevitably gives rise to conflicts. Through analysis of several representative cases, this study attempts to examine the dialectical relationship between legal principles and reasoning in betrothal property disputes, with a particular focus on resolving the inherent contradictions between statutory provisions and social ethics in such marriage litigation.

Dispute SettlementVol. 11(06)
Gender equality
Openalex Percentile: Top 4%
Conflict of Laws and Jurisdiction
8.52
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