Study On The Conflict Of Couple's No-property Rights

Rights conflict is the conflict among the legal rights. Its a kind of reciprocal contradictory situation caused by indefinite extension of several legitimate rights. The substance of rights conflict is interests' conflict because of the indefinite extension of rights. The rights conflict should be resolved mainly through legislation and jurisdiction approaches in accordance with the protective principle of equal rights and the doctrine of equity. The conflict of no-property rights between husband and wife is presented in the following aspects mainly, that is , the right of procreation, the right of cohabitation, the parental power, the right to determine family domicile, the right to learn the truth, the right of privacy and others.The right of procreation is a kind of personal right which is enjoyed by marriageable citizens to procreate or not. The conflict of rights of procreation is represented in seven aspects, which should be coordinated according to contract theory and specific situations. The right of procreation has intimate connection with the person and it should not be implemented by force. The female is in dominant position in the right of procreation, so the conflict is mainly resolved through divorce and compensation.The right of cohabitation is a kind of rights of status which is enjoyed by spouses and sexual behavior is the main contents. The conflict of rights of cohabitation is showed as abusing the right of cohabitation and refusing to fulfill the duties of cohabitation. From the medicine point of view, the abuse of cohabitation right of can be coordinated by determine the times of sexual intercourse. One party can commence a lawsuit against the other for not fulfilling the duties of cohabitation for a long time or take the approach of getting divorce and making compensation to the loss. Based on the theory of martial agreement, the conflicts between spouses in terms of the right to learn the truth and the right of privacy, will be solved by investigating the right of privacy whether have endangered the common interests of the family or not, if it endangers that belongs to the scope of the right to learn the truth, if not that belongs to the scope of the right of privacy.The conflicts between the parents on the issue of the paternal power regarding the underaged children should be coordinated according to the principle that is in the interests of underaged children's healthy development. The conflicts between the spouses in terms of the right to determine family domicile should be solved respectively. If the couple is not wealthy enough, the domicile should be determined by price principle and nearby principle. If the couple is wealthy enough, the domicile should be determined by quality and cost principle.