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Chapter Law Content

Title: Civil Code CH
Category: Ministry of Justice(法務部)
Part Ⅳ Family
Chapter II Marriage
Section 1 Betrothal
Article 972
An agreement to marry shall be made by the male and the female parties in their own [con]cord.
Article 973
A male or female who has not reached his or her seventeenth year of age may not make an agreement to marry.
Article 974
Where a minor makes an agreement to marry, he shall obtain the consent of his statutory agent in advance.
Article 975
No demand shall be made to force the performance of an agreement to marry.
Article 976
Where one of the betrothed parties is found in one of the following conditions, the other party may dissolve the agreement to marry:
(1) Where, having made an agreement to marry, the party made another agreement to marry or concluded a marriage with another person;
(2) Where the party willfully fails to observe the appointed date of marriage;
(3) Where the party's life has been uncertain for over a year;
(4) Where the party gets a serious and incurable disease;
(5) Where, having made the agreement to marry, the party had consensual sexual intercourse with another person ;
(6) Where, having made the agreement to marry, the party was sentenced to imprisonment;
(7) Where other grave reasons exist.
In the case where a party intends to dissolve an agreement to marry according to the provisions of the preceding paragraph, and if the circumstances do not allow such party to declare such intention to the other party, it is not necessary for such party to do so, and such party is no longer bound by the agreement since the conditions described in the preceding paragraph have occurred.
Article 977
Where an agreement to marry has been dissolved in accordance with the provisions of the preceding article, the innocent party may claim compensation from the other party who is at fault for damage thus sustained.
In the case provided in the preceding paragraph, the injured party may still claim an equitable compensation in money for a non-pecuniary loss.
The right to claim in the preceding paragraph shall not be assigned to others or be passed to heirs, unless it has been acknowledged by a contract or unless an action has been commenced.
Article 978
One party to an agreement to marry, who breaks it without any of the grounds provided in Article 976, shall be liable to compensate the other party for any damage thus sustained.
Article 979
In the case provided in the preceding article, the injured party may still claim an equitable compensation in money for a non-pecuniary loss, provide that he is not at fault.
The claim in the preceding paragraph shall not be assigned to others or be passed to heirs, unless it has been acknowledged by a contract or unless an action has been commenced.
Article 979-1
One party may claim the other party for returning gift presented for betrothal when the agreement to marry is null and void, or dissolved, or annulled.
Article 979-2
The claim pursuant to the provisions in Article 977 through Article 979-1 shall be extinguished if it is not exercised within two years.
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