Research On Civil Liability Related To Sexual Intercourse Between Husband And Wife

Since ancient times,extramarital sex has never been disappeared.With the development of the times,it is generally no longer regarded as the heresy or different species.After all,it runs always between moral and legislation.With the concept of sexual freedom becomes more and more open,civil liability caused by the extramarital sex cannot be avoided,which is more conspicuous in cases of extramarital sex leading to pregnancy.It's particularly urgent for the party protecting his rights and the trial to review legal norms about extramarital sex systematically and its accurate application.This paper chooses civil liability study of extramarital sex as a starting point,and chooses the types of dispute,the right types,the types of debt and the basis of claim rights for genre analysis from the practical of justice to the theoretical,then to the practical.It exposes the application confusion of law in judicial practice,and reviews from the right types of issues involved in theory to the legislative,and researches that what legal value orientation the judiciary and the legislative should uphold,which helps them to improve legislation and provides guidance for those defenders protecting rights.This paper is divided into four chapters.The first chapter is a conceptual analysis of the article.The author defines the concept of extramarital sex at first,then classify from the characteristics and classification of two aspects of extramarital sex,for laying the foundation for the later study range.The second chapter is mainly for our judicial practice involving extramarital sex cases.In accordance with the classification analysis of the action cause,they mainly divided into: divorce proceedings,torts,leistungsklage of alimony and child support,the petitio hereditatis,custody of the complaint.The author analyzes the various types of proceedings or judicial practice chaos at the prespective of empirical analysis,which laysthe foundation for the civil liability arising from the extramarital sex.The third chapter is the research about the right types of extramarital sex in the cases.In this part,the author discusses spouse rights,reproductive rights,the rights of damages for divorce,the rights of personality,the rights of body,the rights to health,reputation,the rights of chastity,to analyze the applicable feasibility of these rights to deal with such cases including extramarital sex,demonstrate that there is necessity to set the spouse rights and chastity rights as two separate types of civil rights in legislation,which provides reference for the legislative and the judicial.The fourth chapter is the research about the types of debt causing by extramarital sex and its Auffordrung zu Antr?gen.The author discuss the establishment of each type of debts from four aspects--torts obligation,the debts of default,unjust enrichment,negotiorum gestio,to provide guidance for their respective claims basis.