Research Of Relative Problems Regarding The Spouse Right

This article composes three chapters.In the first chapter, the author firstly explains the development of spouse right, and then experiment the scientific nature behind the matter. In particular, he emphases requiring theory and respect theory mainly from abroad, and virtually, the spouse right is a right of relativity and request right, which presents the nature of human dignity above status right. It also reflects the contractual nature of marriage, which is consistent with author's theory. But in regarding to the conflicts between relativity right and protection issue, the matter is still controversial. The article stresses that relativity is not effective to resist the damage of spouse right by the third party.The author analysis from the contractual nature and combines the various authors'opinions to reflect a few features of marriage from different angles. From the point of consistence between the marriage as a whole and contractual essence, marriage should be considered as one of the contractual behaviors. In other words, marriage is a contractual relationship. In the modern theory, marriage emphases the independence of individual or individualism, whish is consistent with the substance of contractual right. Marriage possesses all the features of contractual right from incurrence, extension to cancellation.From the analysis of characteristics of marriage, author goes deeper to analysis the character of relatively right and concludes that spouse right is a status right, relativity right and requesting right. As a status right, spouse right is formed after couples married with each other and be protected by marriage law. As soon as the couple devoiced, the spouse right disappeared. As a relativity right, spouse right is bounded by the relationship of marriage, moral and mutual duties or responsibilities from couples. When the spouse right is not actualized, couples could ask for requiring or prosecuting devoice as...