Study On Damages For Infringing Consortium From Third Party

At present there is no stipulation or rights protecting mechanism for the consortium in China. When the consortium is infringed, especially by third party, the spouse enjoying the consortium can't relieve his or her right by the legal way. It's necessary to stipulate the system of consortium in the legislation, as well as the mechanism of imposing upon the third party's liability.Except for the preface and the conclusion, the article is divided into three parts.The preface points out the fact that due to the shortage of the stipulation on the consortium and its protection mechanism, the court can't find suitable law for investigating the third party's liability. There are also some disputes on this problem. All of these are not in favor of maintaining the harmonious marital relationship, and protecting the party whose interests were been infringed.Chapter One is on the regulation of the personal interests of the spouse. Firstly, the chapter introduces the connotation of the consortium. Setting forth the characteristics and the legal natures of the consortium, this part also analyzes the values of the legal regulation on the personal interests of the spouse. Secondly, based on the analysis of the current legislative stipulation on the aspect of personal interests of the spouse, this part clearly declares that the legitimate marital relationship can't be effectively protected, for the ambiguous regulation on the spouse's interests, and the shortage of the relieving methods. If the system of the consortium could be explicitly stipulated, the contents of this right could be perfected, and the applicable relieving methods was offered for the spouse whose interests had been infringed, the interests of the parties would be balanced, and the marital relations could maintain harmoniousness.Chapter Two focuses establishment of third party's liability infringing the consortium. Firstly The chapter introduces the concept and characteristics of the tort and explores the nature of third party behavior. It draws a conclusion that such a behavior is a kind of consortium infringement. Then the author also introduces the different viewpoints on whether the third party should be punished or not by the researchers. By analyzing the contemporary situation of our country, the author concludes that it is definitely important to establish third party's liability by the legal...