Theory Spouse Right

Family harmony is related to social stability. The marriage is the basis of establishing a family, while the spouse right system is an important barrier to maintain a harmonious family. And what's more, the spouse right becomes the important legal norm which indicates the particular value of marital relationship. Spouse right constitutes the basic content of marital relationship, and also benchmarks the division between marital relationship and other social relations. Although "spouse right" is not employed by laws in every country, the marriage law in each country covers the contents of more or less.The thesis, based on the basic theory of civil law, introduces the conception, contents, historical origin of spouse right. By doing this, the thesis analyzes the current situation of spouse right in our country and puts forward some suggestions.This paper is divided into three parts, including preface, text, and endnote. The text constitutes four chapters.Firstly, I explain the meaning of spouse right in the first part, analyze its content and characteristics. Because the provision of spouse right is ambiguous and not excise in our country's<marriage law>, there is no identical determination in academia world about it. Those are doctrine of exclusive right, doctrine of legal identity, doctrine of interest respect, doctrine of accompany, doctrine of sexual right. So, the four features of spouse right are also evident. The first, the spouse right is a kind of identity right; the second, the subject of spouse right is particular; the third, the object of spouse right is particular identity interests between spouse; the fourth, what are the contents of spouse right.The second chapter narrates the history of spouse right specifically, which includes the following several aspects. The first is the historical evolution of spouse right in Roman law. The second is the historical evolution of the spouse relationship in China, which contains the historical evolution of the spouse relationship in China and the actual existence legislation about spouse right in our country. The third is the present legislative situation about spouse right in countries of the civil law and countries of Anglo-American law system, as well as Hong Kong, Macao and Taiwan. I don't expound legislative situation of spouse right in all countries around the world. I narrate legislative status in some typical countries that in the two parts of the continental law system, including mainland legal system country for<The German civil code>,<The French civil code>, <The Japan civil code>and<The Swiss civil code>. I will not refine the countries of Anglo-American law system for Britain and the United States.The third chapter lists some scholars different views of spouse right, and discusses my own opinions. The scholars have the following three views:The first point is spouse right contains 14 kinds of identity rights:" "(1) the right of mutual aid; (2) cohabitation right; (3) contact feelings right; (4) the chastity right; (5) loyalty right; (6) divorce right; (7) custody right; (8) property management right;(9) adopt children right;(10) daily housework agency right; (11) domicile agreed right;(12) succession right; (13) missing, death declared right;(13) declare lacking the capacity to act right.The second view is spouse right includes 7 identity rights:"(1) the couple's name right; (2) cohabitation right; (3) domicile agreed rights; (4) daily housework agency right; (5) chastity faithful right; (6) mutual upbringing and AIDS rights; (7) social life liberty right."The third view is spouse right constitutes 5 identity rights:"(1) the couple's name right; (2) domicile agreed right; (3) cohabitation right; (4) chastity faithful right; (5) housework authority right."My view is the contents of the spouse right should be summarized by the following seven identity rights:(1)cohabitation right; (2) mutual assistance; (3) couples name; right (4) chastity faithful right; (5) housework agency right; (6) domicile agreed right; (7) the other spouse rights.Finally, I analysis the present t situation of spouse right in our country in the fourth chapter, based on the concept definition of spouse right, historical origin of spouse right, and content of spouse right.