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Research on marital Tort Liability

Author: YuanYu
Tutor: ChenWei
School: Southwest University of Political Science
Course: Legal
Keywords: Torts between husband and wife Case analysis Legal adjustment Tortious responsibility consummate system
CLC: D923
Type: Master's thesis
Year: 2011
Downloads: 119
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Abstract

At present, in the judicial practice of our country appeared the judgment couples marital tort compensation case, this led to judicial practice and academic discussion and debate. Marital tort with the general tort behavior, is independent of the general civil subject between tort shall be adjusted by civil law, but in the long-term judicial practice, the courts often consider the relationship between this particularity, then do not investigate marital tort civil liability, but the marriage tort behavior is extremely serious still should undertake the criminal responsibility or administrative responsibility. This led to one of the spouses of the legitimate rights and interests can not be timely protection law. Marriage within the civil tort liability, refers to the couple in during the existence of marriage, tort party fault against another party ’s personal rights or property rights, the couple divorced in the premise, shall bear the civil legal consequence. At present, our country legal no marital tort civil liability system of special regulations, therefore, study of marital tort civil liability has important theoretical significance and practical application value. Around whether it should establish marital tort civil liability system, the academia has also been controversial. Based on the analysis of typical case as the angle of view, and from the following four aspects of marital tort civil liability system.The first part is problem. The typical case of the main profile, summarized the focus of the case problems, marital tort civil liability is established? A typical case is composed of marital tort? Marital tort civil liability should undertake how? Around whether it should establish marital tort civil liability system, the academic circle has" negative " and" positive" two views, and two kinds of point of view on the main reason undertook elaborating.The second part is marital tort civil liability legal thinking. Introduction of marital tort civil liability of the basic theory, elaborated the marital tort concepts, characteristics, summarized the types of marital tort and civil liability; analysis of marital tort elements, including illegal behavior, damage fact, causality and subjective intent four aspects; list our country involving marital tort civil liability of the relevant legal provisions, including the" constitution"," the general principles of civil law"," law of tort liability"," marriage law"; introduction of marital tort civil liability of the extraterritorial legislation and United Nations documents; finally, commenting on China’s existing involving marital tort civil liability legislation inadequate.The third part is perfecting marital tort civil liability of the proposal. Matrimonial rights protection legislation, to establish family violence marital tort claim and request right of cohabitation, and the introduction of civil protection order system; marital property rights protection legislation, may establish the legal property system, establish the spouses personal property registration system, additional marital property right system, supplementary spouse the special share rights; marital tort liability form of perfect, recommended the establishment of the forced termination of matrimonial property system, establish credit voucher system and delay compensation system.The fourth part is a typical case of treatment of. For the first case focus issues analysis, and put forward the author agree with the " positive " viewpoint, the author on the case processing opinion. The author thinks the case with the marriage in the constitutive elements of tort of four respects, namely the illegal act, damage fact, causality and subjective intent, thus constituting a marital tort, the infringer shall bear the liability for damages.

Research on marital Tort Liability

Abstract

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