Research On Legal Issues Of Incomplete Capacity Person’s Divorce

Because of their own individual defects,incomplete capacity person is disadvantaged whenfacing divorce.While the protection which is provided by legislation to the incomplete capacityperson is not perfect.What’s worse,it even comes to the point of missing in divorce dependents,personal capacity of will and other important areas of legislation. Some legislation protect theincomplete capacity, but has lagged behind in the modern era, very outdated, should immediatelystudy and modify.This paper mostly takes the comparative research methods,it summarizes the inadequate ofthe marriage law and it’s judicial interpretation in capacity of will protection, emotional breakdownStandard, Property rights protection and Spousal Support. Appropriate from the United Kingdom,Germany,Japan,the United States, and other countries in the relevant aspects of the legislation.ThenPropose amendments views the protection to the incomplete capacity person.This paper is divided into four parts:incomplete capacity person Rights and interestsprotection; capacity of will; emotional breakdown Standard and Spousal Support.The first part:start from the relationship between law and morality, capacity of will, Elaboratethe necessity of Legal Protection to incomplete capacity,but also pay attention to the extent.Thensummarizes the inadequate of the marriage law and it’s judicial interpretation in protect incompletecapacity person.defining the problem is to be solved in this paper.The second part: This section can be divided into intention to divorce,intention to childsupport,intention to Guardian Election,intention to property. Elaborate my point on the differenceof the limited capacity person and Incapacitated person.The third part: summarizing the particularity of Affection ofincomplete capacity person.Then Discourse the different Standards of Emotional breakdown whenone hide the fact that he is incapacity before marriage or after marriage.The fourth part: induction Germany, Britain, the United States, Japan and other countrieslegislation in terms of Spousal Support, combined with China’s conditions, Proposed the point ofestablish Spousal Support to incomplete capacity person and Operating Specifications.