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Anonymous users2024-02-11(1) The basic concept of spousal rights
The concept of spousal rights was first proposed and perfected by common law countries. In the eyes of common law countries, spousal rights refer to the right of spouses to ask for each other's company, affection and assistance. In view of the current situation of controversy among domestic jurists, the definition of spousal authority in legal scholars is also different, and in summary, there are roughly the following views:
The first of the Swiss civil law is the identity doctrine, "the right of spousal is the right of identity between husband and wife and wife to husband";
The second is the doctrine of companionship, "spousal rights refer to the right of spouses to ask each other for companionship, love and help;
The third is the interest theory, "spousal rights refer to the basic identity rights of husband and wife as spouses of each other, indicating that husband and wife are each other's identity interests of spouses, which are exclusively at the disposal of the right holder, and no one else has the obligation to infringe upon them".
Fifth, the theory of sexual rights says, "Spousal rights are civil rights, and husband and wife have spousal rights when they are spouses of each other, and the core feature of spousal rights is sexual rights."
A scientific and complete definition should not only fully reflect the content contained in the definition, but also fully reproduce the nature of the definition. In view of this, from the perspective that spousal rights are identity rights and have the characteristics of equality, absoluteness and dominance, spousal rights should refer to the basic identity rights that occur between husband and wife based on legal marriage and are equally and exclusively enjoyed by both husband and wife to require each other to accompany each other in life, love and help.
(2) The main characteristics of spousal rights
Spousal rights have the following characteristics:
French Civil Code. 1) The duality of the subject. Husband and wife are spouses of each other and jointly enjoy spousal rights, and both parties are both subjects of rights and obligations, which is determined by the natural nature of the marital relationship.
2) The interest of the object. The object of spousal rights is the status interests of husband and wife as spouses of each other, excluding property interests, and this interest is exclusive and cannot be shared by anyone else, which is determined by the monogamous marriage system in China.
3) The duality of content, that is, the indivisibility of rights and obligations. At the heart of spousal rights is sexual rights. First, the realization of such rights and obligations requires simultaneous performance and coordination between the two partiesSecond, both spouses are both the subject of rights and the subject of obligations, and both are indispensable.
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Anonymous users2024-02-10Spousal rights are a controversial right in China, and the protection system of spousal rights has not been fully established in legislation, but in recent years, the issue of protecting spousal rights has been raised in judicial practice.
2 Based on the basic theory of the Marriage Law and the current laws and regulations, this article proceeds from the nature of spousal rights to the content and protection of spousal rights, and hopes that the relevant content of spousal rights can be improved in China's marriage legislation as soon as possible, so that the injured party can obtain judicial remedies for their legitimate rights and interests.
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Anonymous users2024-02-09Male 22 years old.
Female 18 years old.
Not a close relative.
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Anonymous users2024-02-08Spousal rights are personal rights, which are personal rights based on the relationship between husband and wife. The husband and wife jointly enjoy the rights of the spouse, and both parties are both the subjects of rights and the subjects of obligations; In addition, spousal rights are exclusive, and individuals other than husband and wife have the obligation not to interfere with spousal rights or refrain from acting. Article 1045 of the Civil Code of the People's Republic of China provides that relatives include spouses, blood relatives and in-laws.
Spouses, parents, children, siblings, grandparents, grandchildren, and grandchildren are close relatives. Spouses, parents, children and other close relatives living together are family members. Article 101 of the Civil Code of the People's Republic of China applies the relevant provisions of Parts 1 and 5 of this Law and other laws to the protection of natural persons' identity rights arising from marriage and family relations; Where there are no provisions, the relevant provisions on the protection of personality rights in this Part may be applied by reference on the basis of their nature.
Article 112 of the Civil Code of the People's Republic of China: The personal rights of natural persons arising from marriage and family relations are protected by law.
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Anonymous users2024-02-07Rights between husband and wife: husband and wife have equal ownership and equal right to dispose of family and joint property, and husband and wife have the right to inherit each other's inheritance; Obligations between husband and wife: Husband and wife have the obligation to have reproductive rights and family planning, and husband and wife have the obligation to support each other.
Article 1055 of the Civil Code of the People's Republic of China provides that husbands and wives have equal status in marriage and family. Article 57 of the Civil Code of the People's Republic of China provides that both husband and wife have the freedom to participate in production, work, study and social activities, and one party may not restrict or interfere with the other. Article 1058 of the Civil Code of the People's Republic of China provides that husband and wife equally enjoy the right to raise, educate and protect their minor children, and jointly undertake the obligation to raise, educate and protect their minor children.
Article 1059 of the Civil Code of the People's Republic of China provides that husbands and wives have the obligation to support each other. The party in need of maintenance has the right to demand maintenance from the other party if the other party fails to perform the maintenance obligation.
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Anonymous users2024-02-06Spousal rights refer to the right of spouses to ask each other for companionship, affection and assistance. Spousal rights are basic identity rights, which arise based on the status of husband and wife as stipulated in the law, but spousal rights, as basic identity rights, also include many derived identity rights. Scholars have different views on what derived status rights are included in spousal rights, and spousal rights "are not only for the benefit of the right holder, but also for the benefit of the counterpart who is exercised by them."
This determines that spousal rights are essentially rights, but they are centered on obligations, and the right holder is driven by moral and ethical values, either voluntarily or involuntarily, subject to the interests of the counterpart, so that rights include obligations. Based on this, some scholars call spousal rights "a new type of right that combines rights and obligations".
Civil Code of the People's Republic of China
Article 1055:Husbands and wives have equal status in marriage and family.
Article 1056:Both husband and wife have the right to use their own names.
Article 1057:Both husband and wife have the freedom to participate in production, work, study, and social activities, and one party must not restrict or interfere with the other.
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Anonymous users2024-02-05According to Article 1057 of the Civil Code, both husband and wife have the freedom to participate in production, work, study and social activities, and one party may not restrict or interfere with the other.
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Anonymous users2024-02-04Legal analysis: Spousal rights refer to the basic identity rights of husband and wife as spouses, indicating that husband and wife are each other's spouses' identity interests, which are exclusively at the disposal of the right holder, and no one else has the obligation to infringe upon each other.
The law is based on: "Civil Code of the People's Republic of China".
Article 1046:Marriage shall be completely voluntary between a man and a woman, and neither party shall be allowed to coerce the other, nor shall any organization or individual interfere with it.
Article 1047 The age of marriage shall not be earlier than 20 years old for men and 2 years old for women.
Article 1048:Marriage is prohibited for lineal blood relatives or collateral blood relatives within three generations.
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