On The System Of Damages For Divorce

The system of damages for divorce is the remedy for the interests of person concerned, who is not involved in defined wrong and divorces the other because of his statutory wrong,. As one of the remedies in divorce system, it is set up during the changes from the principle of matrimonial offence to the principle of breakdown of marriage ,with a view of justice of law and protecting the inferior. Under the modern ideas of Family law, the matrimonial system went away from the Coverture scheme and the principle of family immunities was discharged. As a result, the system of damages for divorce gradually separated from the scheme of domestic torts, and evolved the connotation from damages of torts to damages for divorce caused by statutory wrong, and the function dividing property to remedying interests. Discharge of the matrimonial relationship means the loss of rights based on marriage, which is a series of complicated rights. The inferior would suffer from this and should be special protected according to the spirits of social justice and harmony. So damages for divorce happen because of neither statutory torts nor contact breaking , but divorce itself caused by one's statutory wrong. Hence it is not appropriate to explain it by the traditional liability theories.In 2001, thanks to the adoption of ideas of remedying the inferior in divorce, the system of damages for divorce was added in the modified Marriage Law. The text tries to make a general analysis on the system. When studying the controversial issues about the essence of the claim of right, the applied conditions and other questions in enforcement, we consider the system as a special protect method for special groups in Law of domestic relations. The system applies when statutory facts and its damages occur, the former including one's statutory behavior, the other's faultless and the factof divorce .The subject of right is the person without statutory behaviors and the subject of obligation is the one whose serious faults cause the end of marriage. The compensation involves damages on property and nonproperty. To make our regulations consummated, we should make sure that the damages for divorce itself is independent from the damages of domestic torts, the relationship of remedies for inferior in divorce is treated well, the application is expanded to some extent and the voluntary of the litigants is considered.