Research On Civil Liability Of Spouse Breaching Husband’s Fidelity Duty

Emotional infidelity belongs to the category of moral adjustment,so the fidelity obligation of husband and wife only refers to the fidelity of sexual behavior.From the perspective of system interpretation,the provisions of Article 46 of the Marriage Law and Article 3 of the Interpretation of Several Issues Concerning the Application of the "Marriage Law of the People’s Republic of China(I)" indicate that the fiduciary duty of husband and wife is a legal obligation.Bigamy,cohabitation of spouses living with others,fraudulent upbringing and other violations of the husband’s loyalty obligations constitute a violation of the spouse’s rights.A spouse who violates the husband’s fiduciary duty has a basis for his rights,namely the spouse’s right.Starting from Yellin’s rights theory,the spouse’s interest has the conditions to rise to spouse’s rights.First of all,under the theory of interests,the goodness and relative importance of the spouse’s interests prove that the spouse’s“interests” and the possibility of “enjoying rights” are in line with the essential elements of the “spouse’s rights entitlement”;The provisions of the Marriage Law explain the possibility of "legal protection",which conforms to the formal elements of "rightization of spouse’s interests".Secondly,under the theory of purpose,the entitlement of spouse’s interests is conducive to achieving the personal purpose of "harmonious relationship between husband and wife" and the social purpose of "maintaining social stability and promoting civilization progress".Finally,under the theory of legal sense,the rights protection of spouse’s interests is the result of the accumulation of long-term historical legal sense,which is conducive to enhancing the legal sense of both spouses and should become a right.In the absence of agreement between the parties,a spouse’s breach of the husband’s fidelity obligations can trigger the judicial application of compensation for divorce damages.Assuming responsibility for other violations of the fiduciary duties of the spouse is a manifestation of the subjective vicious spouse’s subjective vicious condemnation by faithful morality,a requirement for the protection of the spouse’s interests,and a compliance with the normative guidelines for compensation for divorce damages,plus January 1,2021.Article 1091 of the "Civil Code of the People’s Republic of China"(hereinafter referred to as the "Civil Code")implemented by Japan has added a pocket clause for compensation for divorce damages,which provides the possibility of other infringement laws and regulations that violate the fiduciary duties of couples.Finally,when the seriousness of other violations of the fiduciary duties of the couple is the same as that of bigamy and cohabitation withanother person,and meets the requirements for compensation for divorce damages,the faulty party can be held liable for compensation for divorce damages.Where the parties have an agreement,the spouse’s breach of the husband’s fidelity obligations can also trigger the judicial application of the husband’s loyalty agreement.First of all,according to Horfield’s theory of legal relationship,it is possible to deconstruct the eight basic legal concepts of the husband and wife loyalty agreement and construct their related relationship,so it belongs to the identity contract and is subject to the adjustment of the civil legal relationship.Second,recognizing the effectiveness of the husband and wife loyalty agreement will not hinder freedom,infringe on privacy,and will not destroy the existing husband and wife relationship.Finally,the husband and wife loyalty agreement should follow the following ruling rules: on the premise of divorce,with the loyalty agreement as the priority;refer to the provisions of the "Contract Law";when the compensation agreement is unreasonable,it can be based on Article 114 of the "Contract Law".This is supplemented by adjustments made to measure the benefits.