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On The Civil Liability Of The Third Parties In The Invasion Of Marriage

Posted on:2019-07-29Degree:MasterType:Thesis
Country:ChinaCandidate:B Y XiaFull Text:PDF
GTID:2416330548453955Subject:legal
Abstract/Summary:PDF Full Text Request
The happy and stable marriage relationship has always been a good pursuit of human social life,and it is the legal relationship formed by the married men and women for the purpose of living together.But with the continuous improvement of human living standard,society emerging out of the so-called "mistress" and "kept woman" intrusive legal marriage relationship,the stable marriage is destroyed at the same time,also let the other spouse bear certain property damage and mental damage.According to the court according to the information provided by the network,China's current divorce case in large part because "third" is the same to the injured spouse's legitimate rights and interests in the litigation is often not guaranteed,the requirements of the "third party" claims for compensation have repeatedly rejected.The legislation of our country has not yet stipulated the relevant contents of the civil liability of the third parties.Therefore,from the theoretical and practical aspects,we should discuss the third related issues of accountability,and further put forward legislation and judicial recommendations to improve the civil liability of the third party without fault.It is of great theoretical and practical significance.In this regard,this article mainly through the four parts of the exposition,trying to investigate the civil responsibility of the third to put forward their own recommendations,to further regulate people's behavior,but also to attempt to invader the legal marriage of others to warn others.The article leads to the discussion of related issues through the bubbling divorce case of Baoqiang Wang,causing us to pay attention to and pay attention to the third issues.The first part is mainly to introduce the basic problems,including the definition of the concept of the third,the third main ways of invaded the marriage relationship and the definition of the third parties' intrusion into the nature of the marriage relationship so that we can have a basic understanding of this issue.The second part of the article mainly analyzes the necessity of civil liability of the third party on the basis of defining the legal nature of the third party's behavior.The third part is mainly the indirect legal basis which can be taken as the third party in the current law of our country,and then combined with the relevant judicial practice,the problem of the civil liability of the non fault spouses in our country is summed up,and it is also that the non fault spouse can not seek effective relief,which can lead to the society.A lot of news,such as "hand tearing small three",and so on.The last part of the article is mainly based on the plight of the non fault Party's spouses being responsible for the third parties,and then puts forward the suggestions to improve the third party responsibility mechanism from the two aspects of the entity and the procedure,including the definition of the "third party" in the legislation,the relevant content of the "spousal rights",and the requirements of the requirements.The three are responsible for the presumption of fault,all of which can provide a strong legal supportfor the third party without fault.At the same time,it is also necessary to maintain the stability of marriage and family,and also to build a harmonious society.
Keywords/Search Tags:Marriage relationship, The third party, Civil liability
PDF Full Text Request
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