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Study On The Civil Liability Of The Third Party Invading The Matrimony Relationship

Posted on:2008-01-06Degree:MasterType:Thesis
Country:ChinaCandidate:Z H LiFull Text:PDF
GTID:2166360242969341Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The matrimony relationship is a kind of fundamental social relations and also a legal relationship. It is very important and significant in people's lives. However, with the development of the market economy and civil society, there have been many changes in people's view on marriage and family. Meanwhile, the phenomena of adultery, cohabitation and bigamy concerning the third party are increasing, which could have grave consequences and become one of the hot issues of the society. But there has not been the system of the civil liability of the third party in our country and we have no way to protect the rights and interests of the innocent spouse in the family. Therefore, it is undoubtedly of great theoretical and practical significance to study on the tort liability of the third party.Stared by the legal nature of the matrimony relationship and the concept of the third party, this paper analyzes the causes and the harm caused by the third party from the angle of society and economy. Then it makes a rational argument to set forth the theoretical basis for the civil liability of the third party. By using the history analysis method and comparison method, this paper refers to the related legislation and judicial practice in some foreign countries and Taiwan. Based on the current situation of the legislation in our country, it gives some suggestions in two aspects of marriage law and general tort law, which ensures to build up the system of the civil liability of the third party. The thesis is divided into five chapters.The first chapter emphasizes that the matrimony relationship, as a kind of legal relationships, involves the rights and obligations of husband and wife, of which the duty of loyalty is focal point. Meanwhile, the third party is defined in both connotation and extension, which behavior patterns include bigamy, cohabitation and adultery.The second chapter elaborates the cause of the frequent occurrence of a third party in four aspects such as the influence of western views, development of the market economy, the abuse of people's rights and freedoms, as well as modern social ethics diversified. Then it shows the serious harm to aggrieved spouse, social order and marriage system caused by the third party.The third chapter, started by the relationship between moral norms and legal norms, analyzes the necessity of regulating the third parties by law. And it studies the double legal nature of the matrimony relationship in both rights personality and rights personal status to establish the theoretical basis for the innocent spouse to ask for the mental injury compensation.The fourth chapter is referred to the relevant legislation and judicial practice in many different countries and Taiwan and obtains some enlightenment to promulgate our system of civil liability of the third party after analyzing and comparing them.The fifth chapter elaborates the necessity of constructing the system of the civil liability of the third party invading the matrimony relationship. Then it analyzes the related legislation in our county and proposes some suggestions and reasons for set up this system in Marriage Law and Tort Law.
Keywords/Search Tags:the third party, the matrimony relationship, duty of loyalty, civil liability, compensation for the mental injury
PDF Full Text Request
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