whale ... always thought, almost like a flight of fancy, whether it is possible or not in some way be reimbursed for costs incurred in the preparation, take back the gifts made pursuant to or in view of the official engagement ceremony, or be compensated for damages suffered due to non-wedding. Well, in some cases, the law gives the groom (or bride) the ability to retrieve the gifts given or received compensation in order to restore the status quo ante and be able to turn their backs with the least amount of damage to their unfortunate history.
In reality, though there is an obvious fault of the other, the hapless boyfriend will never receive a full refund for the payments or the effettutati full compensation for all damage and inconvenience. The predominant reason certainly is that our system can not in any way to compress the individual's basic right to be free to refuse to marry until the last minute. Make it unduly burdensome for such denial to the point of all this Restu that you received and to make good any damage would be to compress it at all. For this purpose the legislature intended to provide exhaustive as the only form of recovery and relief of those Articles. 80 and 81 cc.
Article. 80 CC provides for the return of gifts made in case of non-marriage and is now clear that taking the time from which those rights is the "official engagement" with which the engaged publicly express their serious intention to take then a path that makes them ripe for the wedding. So just from that moment, a rupture of the pairs, each may request the return of gifts made to the other, but, mind you, only those who could not find other plausible justification outside of marriage.
Article. 81 cc, however, also provides a right to compensation for damages, but in order to be applied requires a real "marriage promises" made by notarial act or deed by a person who has the capacity to contract marriage . In order to be applied, provided that there is either a lack of good reasons not to contract by one of the promisor or any of them, his own fault, has yielded good reasons to discard another. In such cases, the damage is reparable within the limit in which the costs and obligations correspond to the condition of the parties.
Therefore, we conclude that there is a kind of relief provided by our system to miss the wedding, but it has neither a contractual nature, nor non-contractual and is only a particular form of reparation directly linked by law to break the engagement without due reason.
For further details I refer the following link: http://www.diritto.it/docs/30037-la-promessa-di-matrimonio-e-le-obbligazioni-ad-essa-connesse .
For further details I refer the following link: http://www.diritto.it/docs/30037-la-promessa-di-matrimonio-e-le-obbligazioni-ad-essa-connesse .
Chambers. John D'Ambrosio
- for insights on the issue in family law visit: Separation, Divorce and Family
- for insights on the issue in family law visit: Separation, Divorce and Family
0 comments:
Post a Comment