Font Size: a A A

The Study Of Faithful Obligations Between Husband And Wife In China

Posted on:2015-02-01Degree:MasterType:Thesis
Country:ChinaCandidate:X P TianFull Text:PDF
GTID:2266330428968050Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Since China’s reform and opening up, great changes have taken place in various fields of Chinese society, people’s thought concept, value orientation has been changed, It is a huge challenge to traditional marriage and family system. There are many realistic problems in marriage and family field in China, the social evils of breahching of the faithful obligations between husband and wife emerge in endlessly, such as bigamy,adultery,living together outside of marriage, homosexual behavior outside of marriage,extramarital prostitution, keeping a mistress, raise small honey and strong spiritual affair,and so on. In the face of these phenomenon, our moral constraints also seems powerless, can’t play a role that it shoud be. For so many behaviors of breahching of the faithful obligations between husband and wife providing legal remedies for the no-fault party, protecting the rights of the no-fault party, has become a problem that needs our law to solve.Faithful obligations between husband and wife means a kind of obligation that both sides of husband and wife in the lawful duration of marriage relationship, shall not implement faulty act that can harm the legitimate rights and interests of the spouses of the other party, to make the other person’s personal, property rights and interests and spiritual interests be harmed. That is to say,the faithful obligations between husband and wife includes three aspects,that is loyalty on body, loyalty on spirit and loyalty on property behavior. Behaviors of breahching of the faithful obligations between husband and wife have civil infringement, it is a kind of violation to the spouse rights, the fault spouse and the third person shall bear civil liability. But in our current "marriage law", although has regulations of breahching of the faithful obligations between husband and wife, but, there is a lot of controversy on its applicability and performance, there are a lot of deficiencies on regulations of ways and range of civil legal remedies of breahching of the faithful obligations between husband and wife, making these illegal behavior in real life can not be punished strongly, and the legitimate rights and interests of victims spouse also lack legal remedies. Therefore, this paper tries to draw successful legislative experience from foreign country, and combine with the actual national condition of our country, to perfect our legislation about the obligation of fidelity to the husband and wife,and to make these persons who implement illegal behavior be punished, and to make the spouse’s legitimate rights and interests are fully protected.
Keywords/Search Tags:faithful obligations between husband and wife, Damagecompensation, the third person
PDF Full Text Request
Related items