Termination of engagemtn PDF

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Wrongful Termination:

Lawful Termination: 

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Conclusion of marriage – conclusion reflects the realisation of the aim of the agreement. Death of either parties. Mutual agreement to terminate the engagement. Withdrawal of parental consent where either parties is a minor. Unilateral lawful repudiation of the contract where iusa causa for such repudiation exists.

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Breach of promise. Denial of existence of an engagement. Unreasonable refusal to enter into marriage on basis that parties have agreed upon. Concluding engagement with third party/including in an intimate relationship with another person.

Consequences:

Termination of the Engagement

1) Claim for damages – only claimed where one of the parties repudiates the contract without a iusa causa or where a party causes his/her fiancée to repudiate the contract because of his/her conduct. 2) Satisfaction for infringement of personality right. 3) Claim for damages and satisfaction in one composite action.

Engagement Gifts: 

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Arrhae Sponsalitiae – gifts that reflect serious intention of donor to enter into marriage. Retained by receiver only returned if engagement has been terminated without any fault on part of donor. Gifts made in anticipation of marriage – lasting benefit during marriage that receiver will gain from them: house, jewellery, motor-vehicle or insurance policy. Small gifts as tokens of affection – flowers and other small gifts.

Return of the engagement gift: Following rules operate when either party has committed a breach: o

o o

Innocent party is entitled to the sponsalitia largitas and arrhae sponsalitiae he/she gave to guilty party. Small unconditional gifts may be retained by guilty party. Innocent party may retain arrhae sponsilitiae and sponsalita largitas he/she received. If innocent party claims for damages, value of gifts retained must be set off against damages claimed. Unclear whether same applies if innocent party claims satisfaction....