Third Party Civil Liability For Violation Of The Right Spouse

Spouse right is a basic personal right of husband and wife, the obligation of being truthful is the core content of spouse right, and is also the basic moral need and the obligation of husband and wife. the marriage law of the people's republic of china only stipulates in principle the obligation of being truthful in chapter one—the general principles. As to the remedies in the case of the violation of the obligation of being truthful and the infringement on the right of spouse ,the marriage law only stipulates in article 46 that the innocent party may be entitled to claim damages only to his or her spouse and cannot claim damages to the third party in the divorce lawsuit, the author argues that this stipulation shall limit the suit right of the innocent party in some respects, therefore it is undoubtedly an interim legal measure, thus not consummate. In this dissertation, from the point of the general tort view, the author probes into the main structural factors of the obligation of being truthful, and the legal liabilities in the case of the infringement on the right of spouse ,esp.the violation of the obligation of being faithful, then the author gives a comment on the spouse right system in the contemporary civil law and the marriage law of our country, with a purpose to consummating the current civil liabilities while infringing upon the spouse right in the marriage law.This dissertation consists of four chapters.In chapter one, the author gives an outline of the legal relations in the spouse right. The author argues that, the spouse right is a basic personal right between the husband and wife in the lawful marriage relations, entitled only by the husband or wife to demand living, love, and help from each other. it is a new type of right which integrates right with obligation, and is a private right with complex content. it is also absolute and exclusive to the outside and of equality and reciprocity nature to the inside. In summary, the spouse right is embodied in every aspect of the husband and wife's life, and its core is the obligation of being truthful.In chapter two, the author qualifies the infringement of the spouse right by a third party. a third party is a man or woman who remains unlawful sexual intercourse relationship with another woman or man while knowing the counterpart having a spouse, interfering with the other's marriage, thus infringing upon the other's spouse right, and disrupting the other's marriage harmony and family welfare. And the author stresses that, the marriage protected by law is a lawful marriage, a null or void marriage and a revoked marriage cannot be the objective of the infringement by a third party.Chapter three is about the civil liability by a third party infringing upon the spouse right. The injuries caused by the infringement of spouse right by a third party include: the lawful marriage being disrupted, the personal interests being injured, the property interests loss and the mental injuries. the methods of bearing civil liability should mainly contain property liability, and some other non—property liability. And the property liability should contain mainly mental damages, and less property damages.In chapter four, based on the former analysis, the author gives some legal suggestions on the civil liability while infringing upon the spouse right, with a purpose of establishing a rational civil remedies mechanism while the spouse right being damaged.