On The Liability For Damages Of Third Party Infringement Of Spouse Right

The right of spouse is a basic personal right of husband and wife and the right isbased on the legal marriage relationship. In the spouse right not only husband havethe right and obligations, but also the wife have the same right and obligation. Theobligations of being truthful and living together are the core substance of the spouseright and these are the basic requirement in the morality and the basic obligationbetween the husband and wife. At present there is no stipulation or right protectingmechanism for the spouse right in our country. When the spouse right is infringed,especially by third party, the spouse can’t relieve his or her right by the legal way. It’snecessary to stipulate the system of spouse right in the legislation, as well as themechanism of imposing upon the third’s liability.Chapter one is the necessary and the rationality of the third party assume theliability of infract the spouse right. In nowadays, the phenomenon of the third partyintervention other marriage become frequently appear and it bring many disadvantageto our society. Under the current legal system, the law rules the third party behaviorhas the disadvantage. So it is necessary to use the legal means to stop the extramaritalaffairs growing. Secondly, the chapter will introduce the concept and characteristicsand the main content of the spouse right. And then introduce the rule about the spouseright in other countries and areas. It draws a conclusion the spouse right is a civil rightand spouse right is protect by the law of tort. So it is rationality for the third partyassume the liability of infract the spouse right.Chapter Two is the third party assume the liability of infract the spouse rightimputation principles and elements. This chapter will use the comparison analysis, tointroduce the provision of responsibility principle and the elements of the third partyassume the liability of infract the spouse right in the other country and area. And toanalysis the responsibility principle and the element ought to in our country. In ourcurrent legal system, the liability of the third party responsibility principle ought tothe fault principle and the elements is including the violations, the consequences ofthe damage, a causal relationship between the offense and the consequences of thedamage, subjective fault.Chapter Three is the range of the third party’s tort liability of infract the spouseright. This chapter will use the comparison analysis, to introduce the range of the thirdparty’s tort liability of infract the spouse right in the other country and area. And to analysis the range of the third party’s tort liability ought to in our country. The rangeof the third party’s tort liability ought to including the property damage and themental damage. And then the article mainly focuses on discussing the influencingfactors of the amount of compensation for the mental damage which the third partyshould assume. At last the article will conclude the measure of confirming the amountof compensation for mental damage which caused by the third party interventionother’s marriage.