| Along with our country and international society continuously connectingrails, western cultures thoughts on China's influence unceasingly thoroughly, traditional moral ideas have shaken. In marriage PinJu; field: Adultery; A third person jumping into; And even bigamy etc. Phenomenon are often happened. These phenomena, the increasing of not only endanger our monogamous marriage system, and violated legal marriage in the proper relationship between husband and wife, is a sacred marriage blasphemed.However, the couple of breach of duty of loyalty to the law of accountability are not clearly defined. Because the system is imperfect, can not meet people in real life requirements of duty of loyalty to husband and wife, and so it was a "faithful agreement", "empty bed fee", "sued the third party" and many other couples find a solution to breach duty of loyalty accountability approach. Looking at a variety of ways, it can be generally classified as contract law and tort law accountability means accountability way. Accountability both ways have their own advantages: flexible, such as the specific responsibilities of contract law, fully embodies the principle of autonomy; way of tort liability can be third party liability, mental damages included. But the two methods also have their responsibility for shortcomings, by means of the comparison between the two responsibilities tort liability method is more suitable for China, to better maintain the harmony and stability of marital relations. Liability in tort for the concrete implementation of the law can solve the omission of the couple on the breach of duty of loyalty, accountability in the couple's commitment issues with third-party liability.Especially in the dissolution of the marriage the spouses are not under the premise of tort liability only way to be taken to ensure victims receive due compensation, which also bear the way tort law should be our responsibility to address this issue ought to be reasons for the choices lies. |
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