Research On Spouse Right

In recent years, the legislation of the spouse right has been always the hot issues in lawcircles and various sectors of the community. The “marriage law" ultimately did not adopt thisconcept, but in its Article4increased with “husband and wife should be faithful to and respecteach other" which was associated with the spouse right. Because the legislation about it is notclear, and it lacks corresponding right safeguard mechanism, the legal regulation to it in reallife appears blank areas, all of these result torts of the spouse right to be getting more in reallife. And these have impacted the stability of the couple relationships, the harmony of familyand the whole social. Under the background, with present legislation situation of manycountries and regions of the world and views of many law experts and scholars, firstly, theauthor writes the concept and basic characteristics of spouse right, and then makes a detailedanalysis of the legitimate basis on legislation of the spouse right. Combining with thedevelopment of spouse right, the author discusses the nature and content of the spouse right,and strives to resolve the basic problems of what spouse right is, what’s the legitimate basis oflegislation on spouse right, as well as what’s the contents of spouse right.After that, in orderto make a theoretical contribution to the spouse right legislation, the thesis discusses theremedies of spouse rights tort, and all of these are the aim of this thesis.Through the thesis, the author thinks that the spouse right should be a kind of basicidentity rights which the identity interests of couples as its object, equally enjoyed by couplesunder legal marriage. And then, the thesis analyses the legal basis of legislation of spouseright from the object of the right, the ethical basis of the right, and the legal norms of tort tospouse right. On this basis, author analyses of the nature of spouse right, and think that theright of spouse should include four contents, they are: right and duty of cohabitation; duty offaith; the agent right of daily household matters; right of domicile decision. These respond thethree fundamental issues of spouse right.In the last of the thesis, Writing spouse rightsinfringement and civil law remedies, as the rights protection mechanism of spouse right, is tomake a complete discussion of spouse right.Thesis mainly uses value analysis method to discuss the legitimacy of legislation ofspouse right from the ethical basis of it and the relationship between the law and the moral.And use comparative analysis method to analyze its connotation from the law and thetheoretical studies of some countries and regions of the world. It will be benefit to perfectingits connotation.