The use of legal analogy in resolving disputes involving bride price

Abstract

Bride price, which usually includes money, jewellery or other properties, is given by the groom's family to the bride's family during the wedding ceremony. While in traditional Vietnamese society, bride price was a prerequisite and was considered an engagement gift or proof of the betrothal, nowadays bride price implies the goodwill of both families towards the marriage. However, after the act, there have been bride price disputes. While there isn’t any specific legal provision addressing this type of dispute, courts tend to use legal analogy in resolving these cases. The article discusses the validity of the giving and receiving of bride price, analyses the principles of using legal analogy in resolving disputes involving bride price, and highlights the existing inadequacies. On that basis, the article makes some recommendations to improve the provisions on resolving bride price disputes in cases of the establishment of marriage, annulment or assest disputes upon or after divorce.