夫妻相互忠实义务法律保护的反思与完善

Ponder and Improvement on Legal Protection of the Duty of the Mutual Loyalty between Spouses

在婚姻法修订过程中,夫妻间忠实义务议题备受关注,争议颇多,也曾随着新婚姻法的颁布而暂告段落,但司法实践中对夫妻忠实义务的保护不力,又一次将该议题推到前台。从夫妻忠实义务的法律性质、保护现状以及完善途径等角度综合分析,夫妻要求对方忠实是一种带有人格权性质的身份权,属于请求权范畴,具有对世效力。当前司法实践对其保护相当单薄,应确立损害赔偿制度加以完善。

In the course of the amendment of the marriage law the duty of the mutual loyalty between spouses was widely concerned and caused many controversies.Although these controversies gradually subsided with the enactment of the new marriage law this issue is now still heatedly focused because of the disability of protection for the duty of the mutual loyalty between husband and wife in juridical practice.This article through the analysis and probe of this duty from its legal character the present situation of its legal protection and the improvement approaches holds that the loyalty of husband and wife to each other is a kind of status rights with the nature of personal right and also belongs to the scope of claim rights the system of compensation for damage should be established to improve its poor legal protection in current juridical practice.