Study On The Compensation Of The Third Party Violating The Spouse Right

In recent years, the ratio of divorce is growing up quickly. There are many reasons for divorcing, one of the most important reason is one of the spouse has affairs with the third party. The compensation of divorcing is provided in accent law of marriage, but the precondition to suit it is very strict, the main part to assume the compensation is only the faulty one of the marriage, however, the third party as the jointly violating person has no obligation to assume the compensation.Therefore, this thesis begin with the origin of the Spouse right to the conception and character of it, and then analysis the consist of the compensation of the third party as if violating the Spouse right, to distinguishing the compensation of the third party violating the Spouse right with the compensation of divorcing, the compensation of reputation, the compensation against the loyal agreement between husband and wife, to construct the basis theory on the compensation of the third party violating the Spouse right. Furthermore, analysis the internal need of marriage, the restriction of the morality and the impartial of the legal, to elaborate the necessary of constructing the compensation system of the third party violating the Spouse right. Ultimately, get a glimpse of foreign legislation on the third party violating the spouse right, to give some suggestion to supplement the protecting legal system of our country, that is to alternate the loyal duty between spouse from the morality rule to the legally rule. Therefore, the third party who has violating the legally marriage must assume its penalty, as well providing the system protection and material compensation to the non-faulty part. It is useful for encouraging the positive marital thoughts as well as pushing forward the fair and justice conception.