The Research On Spouse Right Regime

Family is the most basic social unit and economic unit, the couple relation is the basic ethical relation in society. Therefore the study on the spouse right that adjusts the relation of a couple identification is not only related to the benefits of the double sides of a couple, but also related to the benefits of other members in a family, and the benefits of the entire society--social stability, economic development and the keeping of the ethical system. After comparing all kinds of doctrines on the spouse tights, the author has put forward the views on what are the spouse tights. On the basis of analyzing the historic development of the spouse fights, the discussion on the contents of the spouse rights has been conducted. It is considered that the contents of the spouse tights include name tights, cohabiting tights, residence negotiation fights, tights requiting the other party to be loyal, agent fights on daily household and the tights of birth control, etc. Then the extension of the spouse tights has been widened, the relative matters on the virginity tights and the reputation rights have been analyzed. Aiming to the above analysis, the lawful relief means when the spouse rights have been invaded are put forward. In viewing that the marriage legislation and other civil laws in China have not stipulated the spouse rights, so on the law protection the defects on systems still exist. Therefore, the relative legislative suggestions have been put forward at the end of the chapter.