Research On Civil Liability Of Tort Of Spouse Right

This article defines the spousal rights, namely, it means all rights each party to a marriage as a spouse in a legitimate marriage, which is an entitlement of all rights between the spouses. Independent personality of each party to a marriage has enjoyed recognition and protection by marriage law of nations around the world, in addition, spousal rights can also deemed as object of tortious acts, and both the spouses are entitled to rely on it to claim for damages arising out of tortious acts of the other party or a third party. Inside the marital relationship, the constitution of liability of infringement of spousal rights concurs with that of general liability of torts, but the former is special in that the identification of liability of torts is more stringent and cautious with respect to the spousal relationship between the tortfeasor and rightholder; given the attributes of ethicality and personal attachment of the relationship between the two sexes, the infringement of spousal rights to the other party inside the marital relationship are not mandatorily enforceable in most circumstances. The tortious acts against spousal rights committed by a third party external to the marital relationship include the willful act of infringing on spousal rights like adultery, and the negligence by harming the body rights of the victim by a third party. With respect to harm done by a third party, the mental distress is able to be proved existent, so the moral damage compensation may be claimed. As of today there is no such concept as "spousal right" existing in our nation’s current marriage law system, not to mention the systematized remedial system regarding the tortious act against spousal rights.This article sets out to comment on the purpose of the Article Two of Tort Liability Law of China, and proposes to include spousal rights into the Section of classes of civil rights in the Tort Liability Law. This article makes a thorough reflection on the deficiency in legislations on spousal right in the existing laws, and which is a general name for rights between spouses, to which the obligations are attached, and further argues that, the spousal rights have attributes of, among others, personal attachment, specifically of subject and attribute of claim. The article thoroughly examines the issues related to spousal rights, arguing that spousal rights comprise of right of cohabitation, obligation of fidelity, agency for routine matters, right to name, right of freedom, right to determine family domicile, right of assistance and other rights, and argues that tortious act against spousal right is a general tort, and based on analysis on subject of tort, and discussion on the constitution and liability of infringement of spousal rights in two conditions, namely, where one spouse is the tortfeasor, and where a third party is the tortfeasor, proposes on the remedies available on infringement of spousal rights, by borrowing from cutting-edge pieces of legislation of other nations, focusing especially on the issue of moral compensation on infringement on spousal right by a third party, with the purpose of appropriately allocating civil liabilities on infringement on spousal rights.