Regarding The Obligation Of Marital Cohabitation

Conjugal duty is to both men and women as the spouse of the obligation to live together, and its content does not only include the residence of the problem between husband and wife, but also between husband and wife's sexual rights, spiritual and material life. However, our country's people legal community fords into to this question are very few, the law to violates the husbands and wives to live together the stipulation also relative flaw which the duty should take responsibility. In the reality, violates the living together volunteer to be free and unrestrained, the victim cannot obtain the effective relief phenomenon to be common. Therefore, the current urgent need to accelerate the improvement of the pace of the content of conjugal obligations to the victims of the majority of marriages can be legally adequate assistance.This addition to the introduction and conclusion, the text is divided into four parts:The first part, the conjugal obligations cohabitation and understanding. Cohabitation of this phenomenon already exists, it is a matter of life issues that most, if not appropriate to be addressed, it is easy to cause national instability and social disharmony. Cohabiting couples living together is the foundation that both men and women on the basis of a legal marriage, both spouses eat or sleep and sexual life, supporting each other husband and wife. It has one of the rights and obligations and specific, relative and other features. Cohabitation between husband and wife is reciprocal, the rights of cohabiting couples only, but also the obligations of both spouses. Marriage rights and obligations of marriage is based on civil law relations for the content of the parties to the marriage while in marriage concluded, rights and obligations are automatically generated, and the two complement each other, inseparable. Mr. Shi Shangkuan obligations on the interpretation of cohabitation has become a pass, said": cohabitation obligations, that the marriage of cohabitation, non-meaning only place on the same in a house, such as the separation barrier design life, not for living together, place Although the number of intervals, may also set up living together."Obligations including sexual cohabitation, common room, the couple help each other, loyal and so on.The second part, the obligations of conjugal Legislative History and the existing problems. Little of the history of conjugal obligations related to the content, only the modern society, it appears related to conjugal obligations, this law, its research and analysis can be found, and now the law of the existence of a number of shortcomings: China's Marriage Law does not specify that the obligation breach of cohabitation, marriage law violated the phenomenon of inadequate control, too much emphasis on property rights and neglects the relatives of the couple as the right, without obligation of the clear provisions of cohabitation can not meet the needs of society and so on.The third part, outside the law territory lives together the voluntary law stipulation about the husbands and wives as well as to our country's enlightenment. This part of both countries for some typical relevant provisions of other studies in some areas a considerable concern. From France,Germany﹑Japan﹑United Kingdom﹑the United States,China's Hong Kong﹑Macao and Taiwan regions they are made of conjugal obligations clearly defined, and their conjugal duties in violation of the party to take the appropriate way to punish these are all worthy of reference.The fourth part, the Legislative Construction of conjugal obligations. Obligations between husband and wife living together is not only about marriage and family harmony, but also affected the entire nation's culture and social stability. Cohabiting couples obligations seriously, and the obligations of the rise in cohabitation between husband and wife to regulate the legal level, without delay. Through the use of the general theory of tort law to explain the violations against the cohabitation of two types of obligations, Components and civil relief means, and through the theory of legislative proposals: China should clear in the legislation of the obligations between husband and wife And their contents; clear that conjugal obligations related responsibilities.