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Studies on the System of Spouse Right

Author: FengGang
Tutor: JiangHaiShun
School: Yanbian University
Course: Civil and Commercial Law
Keywords: Spouse right Legislation on spouse right Protection of the spouse right
CLC: D923.9
Type: Master's thesis
Year: 2005
Downloads: 418
Quote: 2
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Abstract

Marriage is the bond of male and female stipulated by the authorities with the aim of eternal live together. Once the legitimate marriage is set up, it will establish a series of new personal relations between husbands and wives, that is the so-called "spouse right". Based on the special status relations of spouse, the spouse right lives together with the marriage contract. It not only stipulates the rights and obligations between man and wife, but also restricts the status right of citizen.This thesis is composed of four parts. After comparing all kinds of doctrines, I state my points of view on what the spouse right is and what the natural features it has. On the basis of analyzing the historic development of the spouse right, I conduct the contents of the spouse right in detail. Then I set the legislative suggestions on the necessity of building the systems of spouse right from the aspects of legislation、 judicial practice and realistic effect. In viewing that the marriage legislation and other civil laws in China have not stipulated the spouse right, so on the law protection the defects on systems still exist. Therefore, the relative legislative suggestions have been put forward at the end of the thesis. I analyze in-depth the reasons why there are so much defects in laws about spouse right .Then I propose that the general principles be built in order to accomplish the legislation of spouse right. Afterwards, I set forth my position on the establishingof the contents of the spouse right detailed from six sides. A system on the compensation of divorce has been suggested at the end of the chapter. In addition, the protection of criminal law and administrative law upon spouse right can not be neglected.

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