Couples Faithful Obligation Breached Legal Remedies

Since the reform and opening up, with the continuous improvement of living standards, diversified lifestyle, the popularity of computer, mobile phone and other communication tools, many people are not satisfied with marriage, thrill seeking, emerge in an endless stream one night stand, package mistress, adultery, prostitution, bigamy, sex crimes in violation of the faithful duty of husband and wife, against the legitimate couple relationship, social stability and the stability ofmarriage and family causes serious damage.Although the2001revised "marriage law" implemented from legal level confirmation of the faithful duty of husband and wife, but it was only a matter ofprinciple. For breach of duty of loyalty couples the legal relief, in the marriagelaw only stipulates the divorce damage compensation, and strictly limited the scope and compensation project, other faithful duty of husband and wife violationsand relief measures have no specific legal basis can be performed, which leads to the lack of operability in the judicial practice, the relief that many legitimate rights and interests the victim is infringed not laws should be given, showing thefeeble law.This paper focuses on the analysis and comparison of domestic and foreignthe connubial loyalty obligation of legal relief system, and the tort liability of breach of duty of loyalty couples relief are discussed, in order to facilitate the protection of the conjugal faithful obligation to obey the law the legitimate rights and interests. The main part of this paper into four parts.The first chapter by an empirical study points out that the present situationthe connubial loyalty obligation of legal relief of different codefendant in our judicial practice at home and abroad, expounds the connubial loyalty obligation of legal relief system, with the method of comparison research and in-depth analysis of the similarities and differences between domestic and foreign the conjugal faithful obligations in violation of legal relief.Violating the faithful duty of husband and wife in the second chapter illustrates the practice of life behavior, and its properties were analyzed, discusses theconcept, I briefly describe the characteristics of the connubial loyalty duty.The third chapter analyzes the theoretical basis of legal liability of contractbreach of duty of loyalty couples relief, point out the advantages and defects ofthe legal liability of contract relief.The fourth chapter discusses the liability for breach of a detailed analysis ofthe connubial loyalty obligation of marital tort relief and third tort relief, discusses the related problems of breach of duty of loyalty couples of tort responsibility.