A Compulsory Research Report Submitted to Mzumbe University – Mbeya Campus College in Partial Fulfillment of the Requirements for an Award of the Bachelor Degree of Laws (LL. B) of the Mzumbe University
This study is set out to discuss the sustainability of the Law of Marriage Act in relation to engagement contract. The area of study is Mbarali District. Engagement contract is also referred to as a pre-marriage contract which precedes the marriage contract. The Law of Marriage Act states that a breach to the contract to marry entitle the party to recover actual loss suffered. However, the Law of Marriage Act does not include individual’s feelings and emotions that may have suffered as a result of such breach of contract. The study reveals that most interviewees wanted statutory control of pre-marriage relations though they oppose to penal sanctions to defaulters. The analysis shows that there is a lacuna in the Law of Marriage Act regarding to pre-marriage contract which has led to suffering both materially and emotionally to the victims of the breach of engagement contract. This research paper in the first chapter provides the introduction of the topic by providing the general introduction concerning the topic title, background of the problem, statement of the problem, literature review, scope and limitation, hypothesis and objectives of the research. Chapter two provides the conceptual frame work which consist various key definitions of the concept which should be known as to the research title concerns. Chapter consists of the general legal framework which means it provides the law governing the pre-marriage agreements in Tanzania, this part deals with the Law of marriage act of 1971 as the main focus of the study. Under chapter four explains on the findings and data analysis where on this the hypotheses were tested and the researched questions and objectives are explained as to the opinions and suggestions given by the interviewers regards to the topic title. Chapter five provides for the conclusive remarks of the research in general and recommendations for example the parliament should amend the law of marriage act of1971 so as to remedy both psychological and material loss incurred by an innocent party to pre-marriage contract