| The thesis is writ ten under the background of the 2001 amendment of the Marriage Law, and the author makes a research into the civil juristic consequences of the divorcing parties.It has around forty-one thousand words including its preface as well as the whole content of it.In the preface, the background and purpose and how to deal with the problem are introduced. The author firstly states the significance of studying the civil juristic effects in the hope that the divorcing legal system in the amended Marriage Law can be further improved and perfected through our research and propositions. For the sake of convenience in researching the problems, some technological theories like value of the law, economic analysis, comparison as well as systematic analysis are employed in the thesis.Chapter One is a general introduction of the divorcing consequences. In this chapter, the author focuses on some relevant problems of the divorcing effects characteristic of comprehensiveness. The author, while basing theory on his understanding the connotation of the divorcing juristic consequences and some jurisprudential theories, believes that the value of the Divorce Law conceives the following basic problems such as relative freedom to divorce, highly regarding freedom to divorce, opposing reckless divorce, interacting between the marriage law and the virtue of the marriage life and the tendency of paying more attention to the marital property law, and that the general principle of the civil law has its specific regulation for the divorce law; The principle of holiness of the human rights is reflected on the freedom to divorce and that self-discipline of the rule of autonomy of the will, the discipline of equality to protect the vulnerable group all have their own connotation when they are based on the substantive theory of modern civil laws.Part Two copes with the issue of the effects of the divorcing parties. In this part, the author beholds that, regarding the characteristic and content of the personal relation between a husband and a wife, splitting of the marriage inevitably result in the termination of conjugal personal relation, such as the entire breach of the identity in spousal life, the end of conjugal right and faithfulness, the freedom of remarriage, the agent right of family affairs as well as the separation of respective residences.Chapter Three deals with the effects of the property of the divorcing parties. The author comments on the civil juristic consequences of the matrimonial property system when conjugal relation is terminated, including, in a large sense, the terminations of the duty of maintenance between a husband and wife, the loss of the right of inheritance of a spouse, the end of spousal property and the claim of support in finance. Some problems concerning the partition of marital property are analyzed on the jurisprudential and legislative basis. The author himself holds the viewpoint that both the husband and wife take the joint liabilities for their common obligation and that the debtor enjoys the right of rescission for the malicious divorcee on their disposal of property. In this part, the author also argues about the claims for the right of compensation and of financial relief.Chapter Four tackles the problem about compensation for damage in divorce including such issues as the concept, constituents, function,aim, execution as well as the scope, of the compensation for the divorce. The author in the thesis supports the viewpoint promulgated in the judicial interpretations by the Supreme Court that the action for the compensation for the damage for the divorce shall be generally heard together with the renunciation of an engagement and that the scope of the compensation for divorce shall include damage for property and that for non-property.Chapter Five discusses about three disputable issues. The author, after study, for the first problem, maintains that the regulation for the compensation for divorce shall be used to replace the regulation for the partition of conju... |
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