Study On Right Of Spouse

Right of spouse is based on the identity of spouse and only belongs to spouse. It standardizes the relation in husband, wife. and their family. It not only restricts the right and duties between husband and wife, but also is the important aspect of the civil right. Right of spouse attaches importance on personal profits, harmony in family and social stability. Our society develops too quickly to avoid some unstable factors. However, the present marriage law only gives brief introduction to right and duty of spouse, and it is difficult to standardize the relationship between husband and wife. Therefore, the purpose of this paper is to make sure the characteristics and contents of right of spouse and provides some protection measures in civil law aiming at the infringements of the right of spouse.This paper consists of three chapters.Chapter One serves as an introduction, covering the three problems of right of spouse: definition, characteristics and requirements. Firstly, it analyzes the study history on spouse and relationship between husband and wife, compares some definitions of right of spouse, and gives the author's opinion. Then it analyzes the double characteristics of right of spouse. Thirdly, it describes the requirements of right of spouse from current and social angle.Chapter Two analyzes the contents of right of spouse. It provides three different determinants, points out the weakness of our law in the aspect of right of spouse, and gives six pieces of suggestion. Chapter Three presents the rationality of this paper based on the different between the law and academic understanding, and is also devoted to the protection measures in civil law.