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Reproductive Rights Infringement Issues Between Husband And Wife Research

Posted on:2012-04-29Degree:MasterType:Thesis
Country:ChinaCandidate:L H LiuFull Text:PDF
GTID:2216330338950222Subject:Law
Abstract/Summary:PDF Full Text Request
Generational rights are a civil body legally entitled to procreate and do not procreate. Husband and wife as the subject of generational rights, are entitled to freedom of fertility and infertility, so if the couple wishes of the exercise of generational rights is different, the conflict between husband and wife are inevitably occur. The theory and judicial practice facing a problem that is either generational rights of husband or wife is hinder by the rights of the others, whether or not the action and negative action constitute an infringement. From the perspective of the content of generational rights, the article analyzed the question of generational rights infringement between husband and wife, and analysis of national legislation with the right husband or wife disputes fertility remedies. This article is divided into three parts:The first part is the definition and characteristics of generational rights; mainly discusses different views of the generational rights concepts and properties, comprehensive comments reach conclusion that generational rights is personality, is the natural person accord with legal generational conditions within the limits legal regulations, enjoy the freedom decide whether inbreed and inbreed of time, quantity, mode and the spacing of the rights.The second part is the form of generational rights of the husband or wife against each other, including whether birth cause the other party generational rights violations, fertility exercise cause one another way option generational rights violations, the choice of mode caused the other party generational rights violation.The third part is the civil liability of generational right husband or wife against each other, mainly tell about from the basis of infringement civil liability between marital generational rights infringement, civil liability of fornication, refused to cohabit, refused to generate, privately abortion and artificially generate.
Keywords/Search Tags:Generational rights, The conflict of generational right, Civil liability
PDF Full Text Request
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