The Research On Civil Responsibility Of Matrimonial Tort

The behavioral of marital tort is common existent, but China’s current legislation onmarriage do not provide for marital tort liability. and the existing marital propertysystem and the system of divorce damages seriously hindered the marital tortcompensation, which makes the judiciary in dealing with the marital tort liabilitywhen the suit is often more.The bearing of the clear marital tort liability is the key tosolve this dilemma.This paper content mainly includes the definition of marital tort, the form of maritaltort, constitutive requirements, the bearing of the marital tort liability and so on fourparts.The first chapter through judicial case caused by thinking, clear the definition ofmarital tort, analyses the feasibility of marital tort liability;The second chapter maritaltort forms, detailed analyzing various forms of marital tort;The third chapter USESthe law of tort liability of the components of the latest theory of marital tort liability toconduct a comprehensive and in-depth analysis;The fourth chapter is the core of thefull text, the assumption of marital tort liability, put forward the assumption of maritaltort liability, add very property system and the system of creditor’s rights certificate,clear the content of the marital tort damages, divorce will marital tort liability and tortliability combination ably to solve the inconvenience of justice.The innovation point of this essay is comprehensive analysis of the manifestation ofmarital tort, the constitutive requirements of marital tort liability, especially for thecontents of the marital damage compensation in detail, add very property system andthe system of creditor’s rights certificate, divorce will marital tort liability and tortliability the realization of the organic combination of marital tort damages providedabundant theoretical basis.