Marital Tort Issue Of Compensation Research

Though having spousal relationship, husband and wife are independent subjects of civil law. Based on spousal relationship, husband and wife have special rights and duties, and they have other rights as common subjects of civil law. During the marriage, if one of the couple infracts the rights of the other, the tortfeasor has obligations to indemnify the damage. But the liability of damage compensation in marital tort is not specified at law except for divorce compensation, the infringed can't get enough legal remedy. In order to protect the rights of the infringed, there is a need to implement damage compensation in marital tort. This article has done some studies on this , it is divided into three chapters:Chapter One is a summary of damage compensation in marital tort. It clears the rights and duties between husband and wife, the conception, the features, and the kinds of the damage compensation in marital tort. And it compares damage compensation in marital tort with divorce compensation, suggests that the litigant could choose one of them.Chapter Two analyzed legal basis, theoretical basis and Practical basis of damage compensation in marital tort. Our law provides legal basis for damage compensation in marital tort, law theory provides fundamental basis, and juridical practice home and abroad provides experience.Chapter Three probed the realization of damage compensation in marital tort. It analyzed the premise, the obligee, the prescribed time, and the scope of damage compensation in marital tort. It also points out that the tortfeasor should indemnify the damage by his personal property, if it isn't enough, joint property of the spouses should be divided to fulfill the damage. This Practice is reasonable, and the 99th term of Property Law provides legal basis for this.