Study On Civil Legal Remedies Of Conjugal Tort

Conjugal tort occurs in the legitimate marriage couples. One infringed spouse’s personalrights or property rights through act or omission, and the spouse’s personal or property rightsget hurts.We couldn’t ignore the reality that there are a lot of conjugal tort case. The articleabout conjugal tort is incomplete, and the matrimonial property regimes are obstacles to thecompensation for damage. These victims can not be effective civil remedies. Civil legalremedies of conjugal tort have significance in protecting human rights of people in marriageand equality of the sexes. This paper begin by the definition of conjugal tort. This paper usesliterature analysis method, comparative studies and value analysis method. Through theanalysis on the basic theory of civil legal remedies of conjugal tort, this paper give somerecommendations to accomplished the system of conjugal tort civil legal remedies.Conjugal tort is special in the subject of tort. Therefore, conjugal tort related to the tortlaw and marriage law. Conjugal tort should adhere the same standards as ordinary tort on thesubjective fault. The care duty between couples should not lower the standard. Depending onthe violation of the rights, conjugal tort can divided into two categories: one is tort whichinfringe the rights between couples, one is tort which infringe the ordinary rights. Theclassify of conjugal tort can reveal the differences on typification between general tort andconjugal tort. Although the conjugal tort is special at subject of tort, but it is essentially a tort.The tort liability, joint tort and other general provisions of tort law can be applied to conjugaltort. The rights and obligations based on the marriage should be more clear in the marriagelaw. Tort which infringe the rights based on marriage should be regulated by civil law. Spouseright should include the duty of loyalty, cohabitation obligations, daily family work right ofagent, duty of support and obligation to maintain. In order to compensate the damages ofconjugal tort, conjugal tort can applied the article in Property Law that relieve the communalrelationship. The system of civil protection orders should be established, for protecting themarriage party from the threat of domestic violence.