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On Spouse Right

Author: WangYuWen
Tutor: DaiYongSheng
School: East China University of Political Science
Course: Civil and Commercial Law
Keywords: Spouse right Duty of loyalty Cohabitation Fertility obligations
CLC: D923.9
Type: Master's thesis
Year: 2010
Downloads: 256
Quote: 0
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Abstract

Spouse right system to analyze the process of its generation, it is not a right created by law system, but in the countless generations of human society marriage and family life, the spontaneous order of a habit is common knowledge that people of faith of rows. For thousands of years, the institution of marriage has been internalized into people's hearts architecture, traditional customs taboos and ethical regulations already a good husband or the status of women in marriage and the mutual rights and obligations. If men and women can follow such a naturalness order to maintain the marriage, that spouse right like \It is precisely because the right spouse constantly been violated, the traditional Confucianism constantly under attack, moral binding disappearing, so spouses have their legal right to the necessity and urgency. The nature of marriage on the nature of the right spouse plays a decisive role. Marriage is a \Concluded a marriage between men and women means accepting the entire contents of the contract, but also determines the identity between spouses any rights arising from the unique content and nature. This article focuses on one of cohabitation, the duty of loyalty and obligation to three fertility content. Because spouse right content involved with a strong personal property right has been infringed so spouses can not take enforcement obligations assumed way. Victims may use this as the reason for divorce. Involving a third party and the innocent party spouse infringement case, the innocent party has the right to claim the rights to the third person. In reality, often due to the lack of legal systems spouse right, and makes the victim sued nowhere (court dismissed); or the court accepted the case though, but due to lack of basis and still end up losing bear the consequences; or though successful, However, the legal basis for a court decision, but rather mechanically, too far-fetched. Revised Marriage Law While violations of the right to certain acts spouse provisions corresponding relief measures, but not perfect, can not adequately protect the interests of the aggrieved party. In short, the spouse right system to establish the ultimate goal is to get relief injured right provide a legal basis to enhance the couple for marriage, the family's responsibility to promote family harmony, social harmony.

On Spouse Right

Abstract

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