A Study Of The Legislation On The Spouse Rights

The concept of consortium,deriving from countries ruled by the Common-law System,refers to the rights of husband or wife to ask the other side for giving helps,companion and love.While in the countries ruled by the Civil-law System,the concept of consortium remains immature and typically refers to such general rights as identity rights and personality rights based on various obligations and rights,including mutual loyalty,mutual nurturing and right of personal freedom.The system of consortium remains controversial in domestic legal theory circle and justice practice circle.Increasingly conspicuous infringement on rights of consortium can be seen everywhere in the justice practice,although the domestic legislation doesn't expressively stipulate the consortium and social relief systems.Inadequate stipulation and protection systems on consortium of domestic current legislation also has contributed to consortium legislation exceedingly important.This essay uses a variety of research methods,literature research of the meaning,nature and content of marital consortium.It primary describes the present situation for marital consortium in our country,existing problems and puts forward some suggestions on how to solve these consortium problems.There are three main parts of this essay: the first part is the brief conception of the marital consortium,focusing on the legal definition,nature and specific content & characteristics of the right marital consortium,also the necessity of legislation these point of views.The second part specific describes the martial consortium's legislative provisions and existing problems in our country.including the provisions on the right of spouse in current laws of our country as well as the insufficiency in the content stipulation and relief system.In the third part,according to the above two parts as well as the existing problems,the improving construction system of the specific content,Identification of spouse's right infringement action and the civil tort liability system.this part targets put forward the corresponding countermeasures.