Research On Damage Compensation Of Third Party Interfering In Marriage Relationship

Article 1091 of China's "Draft Civil Code" increases the liability for investigating"other serious faults",thereby expanding the scope of adjustment of the compensation system for divorce damages provided for in the Marriage Law.The spouse of the injured party can request the spouse of the wrong party accordingly Liability for divorce damages.Article 1087 of the Draft Civil Code adds a provision to take care of spouses of faultless parties when dividing property.Regarding the application relationship between this article and Article 1091 of the Draft Civil Code,this article considers that they are related to the nature of the legal system and The normative purposes are different and can be applied simultaneously.Regarding whether a third person who can interfere with the marriage relationship of another person can be held responsible,neither the Draft Civil Code nor the previous legal provisions have clearly stated his position.This article selects and analyzes 27 typical cases,and compares the methods of legislation and judicial practice in various countries.It argues that the rights of the victim's spouse should be protected from the perspective of tort.Regarding the types of infringements of legal interests,the "identity and interests theory" shall prevail;in terms of the constituent elements,the subjective fault of the third person shall be deliberately limited,and the plot shall reach the same level as"big marriage and cohabitation";The three need to bear not only material damages but also moral damages.In terms of the right of claim,the provisions of Articles 2,6,1 and 22 of the Tort Liability Law can be invoked.The Draft Civil Code After the enactment,the basis of the right of claim is the corresponding provisions of the infringement code.