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On divorce moral damage compensation

Author: CaoLing
Tutor: ZengPeiFang
School: Nanjing University of Technology and Engineering
Course: Marxist Theory and Ideological and Political Education
Keywords: mental hurt consortium a third party fault counteraction indemnification standard
CLC: D923.9
Type: Master's thesis
Year: 2006
Downloads: 533
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Abstract

The institution of spiritual compensation for damages in divorce is newly incorporated in the Marriage Law of the People’s Republic of China. It is a remedy system that can be used to protect the legal rights of unblameable lawful spouse in a divorce case according to the marriage law and has become an important issue in modern marriage and family legislation. How to apply and consummate this institution has been concerned by the theoretical circles. This article undertakes to probe into this institution in terms of the necessity to establish this institution, functions of the institution, the debate about consortium, a third party, fault counteraction, perfections of legislation, etc, so as to improve the operability of the institution.The first chapter is a summary about the institution of spiritual compensation for damages in divorce, including its concept, quality, character, function, a survey of the external legislations about this institution and the its actuality in China.The second chapter discuses several issues in this institution .Firstly, the author probes into the debate about consortium, including the concept of consortium, duty of chastity and duty of cohabitation, etc; secondly, the author researches the civil liability of a third party. One of the points at issue about the amendment to Marriage Law is that whether a civil liability should be imposed upon a third party. The author believes the viewpoint that a third party should be investigated under the law is lacking for realistic base. According to the social reality at present, the relevant problems about a third party are popular and perplex. The concept of a third party is hard to be defined. According to the facts discussed about, a third person should not be imposed a civil liability in the institution of spiritual compensation for damages in divorce; thirdly, the author studies that if this institution should be applicable to more cases; if fault counteraction could be applied in spiritual compensation for damages in divorce; if divorce is a necessary qualification in this institution; who should be applicants for the solatium, etc.The third chapter brings forward several advices to consummate this

On divorce moral damage compensation

Abstract

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