On Spouse Right

Spouse right is the right that law endow the couples with regular marriage who have mutual identity benefit on the base of spouse identity and the obligee could claim to the opposing party have feasance or not to realize the right of this exclusive identity benefit. It's existence premise and foundation is the regular marriage, the fixed and equal subject of this right and the beneficial and monopolity object and impartibility of the right and responsibility on its'content are the character of Spouse Right. On the character of such right, Spouse Right is a typical relativity right, identity right and appeal right. The subject of the Right's droit and responsibility is the spouse themselves not included the third part outside the marriage. The object of the Right's is the one who own the spouse's right and responsibility and take the benefit for the special legal identity as the spouse,the benefit of consort's identity barring the property and behavior and other things. The main and concrete content of the Right included the spouse compellation right, the right of bargaining habitation, the cohabitation right, chasitity right, mutual assistence right and housekeeping agency right. Once the Spouse Right was infringed, people could seek the tortfeasor's legal responsibility considering his or her tresgress behavior, the reality of damage, causality and subjective miasstakes according to the law of tort theory and blame on the mistakes-caused duty principle. At the same time, because of the speciality of marriage family relationships, the vitims should be relieved by compensation after divorce within the marriage and the adoptation of material compensation and mental redeem.According to the client's subjective errors and causality and in the allusion to the actual tort behavior and damage truth, the vicitims are endowed with property relief or non-property relief or both to maitain their marriage and family's steadiness and [rotcet the client's legal right and interests on the principle of material compensation and nonproperty compensation that with the same importance.