Study On The Civil Liability Of Volating The Conjugal Obligation And A Third Party’s Infringement

As is known to all. a husband should be loyal to his wife and vice versa. It is not only the principle that we have adhered to in morality for years but also specific requirement in Chinese marriage system. In the fourth article of Chinese Marriage Law the obligation of loyalty between husband and wife is clearly defined as legal obligation so that their legitimate interests can be protected and the family ensures to be stable and harmonious. However, in spite of the obligation of loyalty in law, the judicial interpretation denies that the obligee can obtain judicial relief through lawsuit, which makes the conjugal obligation of loyalty become non-actionable. To some extent, the regulations of civil liability about violating the obligation of loyalty are not comprehensive enough in China. And there is no any article of law regarding extramarital affair. Thus, neither the party who violates the conjugal obligation of loyalty nor people who destroys others’marriage can be deterred or punished by the law, and the injured party cannot get legal protection as well.This thesis studies on the civil liability of violating the conjugal obligation of loyalty, a third party infringement and related issues. The thesis consists of five chapters. Chapter one explains the conception, character and jurisprudential meaning of conjugal obligation of loyalty. Chapter two analyzes the civil liability of violating the obligation of loyalty in civil law system and anglo-American law system by making comparison with China. Chapter three, starting with Loyalty Agreement and Night-absence Agreement, tries constructing the civil liability of violating the obligation of loyalty by exploring the fait juridique of conjugal relations, the current legislation about the obligation of loyalty, the problems existing in it and the nature of this civil liability. Chapter four discusses whether the violation of conjugal obligation of loyalty is the breach of contract or infringement. Chapter five analyzes the civil liability of the third party who destroys other’s conjugal relationship from both aspects of its establishment and constitution. And then the liability of the third party can be established under China’s national conditions.