Case Analysis Of Divorce Damage Compensation Caused By Violation Of Couples’ Loyalty Obligation

As a right remedy system,divorce damage compensation system plays a vital role in protecting the legal rights of both husband and wife,safeguarding the happiness and harmony of marriage and family life.However,due to the suitable rate of this system is relatively low in juridical practice,the amount of compensation is low as well,in order to implement this system more effectively,it is necessary for us to analyze on this system and propose appropriate suggestions.This paper is started with three typical cases,based on the case and judicial decision,we summarized three points in dispute: whether people who fails to fulfill duty of loyalties(except being in bigamous marriage and living with others)can apply for divorce damage compensation,whether the third person shall be mainly responsible for divorce damage compensation,whether the principle of “fault offset” can be adopted when determining divorce damage compensation.Based on actual situation and theoretical knowledge,we made further analysis on the points in dispute,and believed that for the purpose of protecting victims,any behavior violating the duty of loyalties between husband and wife shall be deemed as a typical situation for demanding divorce damage compensation,the behavior of the third person and the wrongdoer constitutes a joint infringement,infringing the couple’s conjugal right and breaching the marriage and family morality,therefore they are supposed to bear relevant responsibilities.Judging from the nature of the behavior,it is a wrongful conduct.In the case that both husband and wife have engaged in wrongful conduct,simply denying divorce damage compensation will violate the theory of fairness and is inadvisable,regardless of how serious or tiny the wrongful conduct is.Therefore,through the method of comparative research,and after a deeper understanding of above problems,we proposed some corresponding solutions in the end of this paper.It is suggested that the concept of wrongful conduct shall be defined by referring to judicial interpretation,and norms for the application of the principle of “fault offset” shall be established;the concept of “living together” shall be further elaborate through judicial interpretation,or bottom legal clauses shall be established so as to include behaviors that are in serious violation of duty of loyalties between husband and wife into typical legal situation;by adding the concept of conjugal right,making it a legal basis for expanding the main parties responsible for damage compensation,after combination with law ofinfringement and relevant judicial interpretations,the conjugal right can be protected.