Tort Liability Of Third Persons In Marriage Relationship Study On The Problem Of Undertaking

Marriage is a legal relationship with the relationship of personal relationship with property.Marriage and family are the harbors of the husband and wife,and the legitimate rights and interests of marriage and family can not be infringed.At the same time,marriage and family are the sand of the tower of society,and the social attributes of marriage decide to bear a variety of social functions.The civil liability of third persons in the marriage relationship,according to the forty-sixth article of the marriage law of China and the explanation of the Supreme People's Court on the application of People's Republic of China marriage law(one).(the interpretation of several questions on the application of the marriage law of the Supreme People's court in the following "the Supreme People's court" is referred to as justice for short.Interpretation)the twenty-ninth article that the subject of the liability for damages for divorce can only be the third party that has the fault of the party but not the legal marriage relationship,and must take the divorce as the premise;this not only aggravates the rupture of the marriage family but also the legal rights and interests of the victims,and the third party has no legal remedy."There should be relief" in the legal principle.In this article,the author claims that the third persons in the marriage relationship should bear civil liability.On the basis of the existing compensation system for the compensation for divorce fault damage,the system of divorce compensation and the aid system of divorce,the system of legal marriage rights and interests relief system will be further improved from divorce.There is a legal basis for the relief to advance to the relief of marriage,and from the prevention to the protection to the relief.It is not only the need of providing indispensable legal guarantee for the happiness of many marriages and families,but also the proper meaning of building a socialist country under the rule of law,in order to promote the harmony and stability of the marriage and family and the harmonious society.