About civil compensation under the Marriage Law, please ask an expert to answer

Mainly, I have the right to claim compensation from a third party."

This is a controversial issue.

Article 46 of the Marriage Law stipulates that if a spouse cohabits with another person resulting in divorce, the innocent party has the right to claim damages.

Personally, I believe that this article does not limit the liability to the spouse who is at fault, so it is theoretically possible to demand compensation from a third party.

Different courts may deal with it differently, so go ahead and try it.

There is no obligation for third parties to compensate.

Legal Analysis: 1. Bigamy;

2. Cohabitation with others;

3. Committing domestic violence;

4. Abuse or abandonment of family members;

5. There are other major faults.

Legal basis: Huachun "Civil Code of the People's Republic of China" Article 1091 If there is any of the following circumstances that lead to divorce, the party who has no remorse has the right to claim damages

a) bigamy; 2) cohabitation with another person;

3) Committing domestic violence;

4) Abuse or abandonment of family members;

5) There are other major faults.

Legal Analysis: 1) Bigamy;

2) cohabitation with another person;

3) Committing domestic violence;

4) Abuse of the stove and abandonment of family members;

Legal basis: Civil Code of the People's Republic of China

Article 100 In the event of a divorce, if one party has difficulties in life, the other party who can afford it shall give appropriate assistance. The specific measures shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

Article 1091:In any of the following circumstances, where a divorce is caused, the party who is not at fault has the right to claim damages:

a) bigamy; 2) cohabitation with another person;

3) Committing domestic violence;

4) Abuse or abandonment of family members;

5) There are other major faults.

The Marriage Act is invalid, and the damages required by the Civil Code include: bigamy, cohabitation, domestic violence, abuse or abandonment of family members, etc. Only those who are not at fault have the right to accept the wrongdoer, and the wrongdoer shall bear the corresponding material and moral damages.

Article 1091 of the Civil Code of the People's Republic of China Where any of the following circumstances results in divorce, the innocent party has the right to claim damages: (1) bigamy; 2) cohabitation with another person; 3) Committing domestic violence; 4) Abuse or abandonment of family members; 5) There are other major faults. Article 86 of the Interpretation of the Supreme People's Court on the Application of the Civil Code of the People's Republic of China on Marriage and Family (1) "Compensation for damages" as provided for in Article 1091 of the Civil Code includes compensation for material damages and compensation for moral damages.

Where compensation for moral damages is involved, the relevant provisions of the "Interpretation of the Supreme People's Court on Several Issues Concerning the Determination of Liability for Moral Damages in Civil Torts" shall apply.

Legal analysis: There is no specific standard for divorce damages, but the court will consider the following factors when compensating for losses: (1) The degree of fault of the party at fault, unless otherwise provided by law.

2) Specific circumstances such as the means, occasions, behaviors, and methods in which the fault arises. and (3) the consequences of the wrongful act. and (4) the average standard of living in the place where the court is sued.

5) The financial capacity of the party at fault to bear responsibility.

Legal basis: Civil Code of the People's Republic of China

Article 1091:In any of the following circumstances, where a divorce is caused, the party who is not at fault has the right to claim damages:

a) bigamy; 2) cohabitation with another person;

3) Committing domestic violence;

4) Abuse or abandonment of family members;

5) There are other major faults.

Article 1092 Where one of the husband and wife conceals, transfers knowledge, sells, destroys, or squanders the property jointly owned by the husband and wife, or falsifies the joint debts of the husband and wife in an attempt to encroach on the property of the other party, when the joint property of the husband and wife is divided in divorce, the other party may receive a small share or no share. After the divorce, if the other party discovers that he or she has committed any of the above-mentioned acts, he or she may file a lawsuit with the people's court to request that the joint property of the husband and wife be divided again.

The Marriage Law is no longer valid, and the Civil Code stipulates that the circumstances for seeking damages in Tanzhou are: bigamy, cohabitation, domestic violence, abuse or abandonment of family members, etc. And only the innocent party has the right to request the at-fault party to bear the corresponding material damages and moral damages.

[Legal basis].Article 1091 of the Civil Code of the People's Republic of China.

In any of the following circumstances, the innocent party has the right to claim damages if the divorce is caused:

a) bigamy; 2) cohabitation with another person;

3) Committing domestic violence;

4) Abuse or abandonment of family members;

5) There are other major faults.

Article 86 of the Supreme People's Court's Interpretation (1) on the Application of the Civil Code of the People's Republic of China on Marriage and Family.

Article 1091 of the Civil Code stipulates that "damages" include material damages and moral damages. Where compensation for moral damages is involved, the relevant provisions of the "Interpretation of the Supreme People's Court on Several Issues Concerning the Determination of Liability for Moral Damages in Civil Torts" shall apply.

Legal Analysis: The circumstances under which marital damages can be obtained are:

1.One party is at fault for the divorce;

2.The party at fault has committed illegal acts that impede marriage and family relations, including bigamy, cohabitation, domestic violence and abuse, abandonment of family members, and other major faults;

3.The other party is not at fault;

4.The wrong-fault party's act of damage caused the result of the damage;

5.There is a causal relationship between the wrongful act and the damage result.

Legal basis: "Civil Code of the People's Republic of China" Article 1 Article 1091 In any of the following circumstances, resulting in divorce, the innocent party has the right to claim damages:

a) bigamy; 2) cohabitation with another person;

3) Committing domestic violence;

4) Abuse or abandonment of family members;

5) There are other major faults.