Legal Research On The Relief Of Consortium

Consortium is an important right between spouses, and also is a significant part of Marriage and Family Law. It plays a great role in establishing the family and social order. However, the protection of consortium in the current civil law system of our country is not fully equipped but simple and general to some extent. This paper study the consortium though researches on cases and the legislation of other countries. Then it presents some related suggestions focusing on these three aspects:(1) aiming at strengthening the protection of consortium in our country; (2) expanding tort relief forms; (3) making the legislation about consortium in pace of situation.This paper is organized with five sections as follows:The first section presents the definitions, contents and the subjects of obligation of consortium through the legislation research and related theory study. Under the legitimate marriage, Consortium is an exclusive right between husband and wife and is aiming at maintaining a normal family. It includes cohabitation, loyal, supportive, daily chores agency, residence decision etc. Consortium belongs to both the relative rights and the absolute right, so the obligors include the other spouse and anyone out of the marriage.The second section does judicial investigation on the infringement of consortium between couples. The paper analyses the related laws and cases of our country, and study some situations in which one party deviates from the obligations of marriage. Then it fully discusses the details in which one party breaches the obligation of cohabitation and loyal and how to conduct the legal remedy for these situations.The third section discusses the infringement of consortium from people outside of marriage. According to the laws of our country and foreign countries, this paper discusses the infringement of consortium from the third party, the extramarital affair and the relatives etc. and the way to conduct the legal remedy for these infringements.The forth section discusses the new issues and corresponding solutions in consortium. It mainly focuses the consortium for the transgender and the homosexual. This paper presents different ways to conduct the legal remedy for different cases to protect the consortium right for the transgender and the homosexual’s spouse.The fifth section is some suggestions to improve our legal system. We should stipulate consortium and its contents. Consortium is a kind of identity right, the tort mainly hurt spiritual interests, so the scope of compensation for mental damage should be expanded. In the end, further discussions about the limitation of action are presented.