Research On The Right Of Consortium

Marriage is the bond of male and female stipulated by the authorities with the aim of eternal living together. Once the legitimate Marriage is set up, it will establish a series of new personal relations between husband and wife, that is the so-called"Consortium".There are many disputes and differences about consortium before the amendatory of Marriage Law. Finally, the amendatory of"Marriage Law"had not make clear about the concept of consortium, but it has added some contents of consortium, which makes a great progress in law. At the same time, we should realize some disadvantages in the law. This article attempts to express the author's personal idea on the analysis of consortium's concept, legal nature, basic contents, and right relief .The paper is divided into six parts:Part I: The concept and historical origin of consortium. It is clear that consortium is undoubtedly the right of the legal spouses by the analyzing on the concept, character, historical origin and the legislation profile of consortium. And it gives some advice on complements of the rights to the consortium.Part II: Consortium's legal nature. Consortium is the relative rights because it exists in the specific spouse.Part III: Content of Consortium. With the analyzing on the contents of consortium, the author gets a conclusion that the content of Consortium including marital faith, conjugal right, the agent right of daily household matters and helping each other. And then analyze them one by one.Part IV: Judicial relief. With the analyzing on the theory of torts, it offers the two ways of relief: right of claim and claim for compensation.Part V: Legislative suggestions. It lists the situation and its disadvantages, and then offers the legislative suggestion: adds marital faith, conjugal right, the agent right of daily household matters and helping each other.Part VI: Conclusion. As an important personal right, it will be a long period to come into reality for consortium.