The Damages On Marriage And Family Law

Family Law has taken many variations. Traditionally tort suits between closely related persons should not be allowed, that it is, the spousal tort immunity. Today, this has been eliminated. The damages institution ought to be applied in disputes within the family. There are 5 parts in all, besides the preface.Preface tells the author's motive and aim of choosing this topic.Part I The functions of the damages institution .It has three main functions: (1) compensating persons sustaining a loss or harm as a result of another's conduct; (2) placing the cost of that compensation on those who, injustice, ought to bear it, but only on such persons, and (3) preventing future losses and harms.Part II About the damages institution's scope of application within family. There are 4 sub-groups in this part. Firstly, the institutions of damages shall be applied on divorce. Introducing some countries and areas' legislations about this problem, it concludes we shall fund damages institution on divorce. Moreover, author makes a comparison between damages institution and the spousal support system. Secondly, it discusses the damages institution when breaching of promise to marry. Thirdly, when void and voidable marriage are voided, the damages institution ought to be apply with. Last, it dwells upon the application of damages institution in the on-going marriage. Studies show a shockingly large incidence of domestic violence appearing, so the victims shall be remedied by the damages.Part HI The requirements of the damages within family ,it holds that the requirements of the damages within family have little difference with the requirements of the common civil rights liability ,which includes 4 requirements : (1) willful and wanton misconduct ,(2)losses and harm ,(3) intentional or negligence ,and (4)proximate cause.Part IV The scope and manner of damages .It concludes whether the losses and harm is economic losses, or non-economic damages, the damages institution shall be abided by, for most non-economic losses are capable of being translated into dollars.Last, the author takes a simply review over the Marriage Law of the People's Republic of China.