婚姻缔结之际的损害赔偿责任

Liability for Damages at the Time of Marriage

婚姻缔结之际的损害赔偿责任,是《民法典》第1054条第2款新规定的保护缔结婚姻关系当事人合法权益的法律措施。缔结婚姻关系的当事人缔结了婚姻关系,但是被依法宣告无效或者被撤销,使其婚姻关系自始无效,因过错行为致使婚姻无效或者被撤销并造成对方损害的一方,向无过错的对方当事人应当承担损害赔偿责任。婚姻缔结之际损害赔偿责任的性质属于侵权责任,适用过错责任原则,须具备违法行为、损害事实、因果关系和过错要件,且须受损害一方当事人无过错。无过错方当事人行使婚姻缔结之际损害赔偿请求权,应受诉讼时效期间的约束。

The liability for damages at the time of the conclusion of marriage is a legal measure newly stipulated in Article 1054(2)of the Civil Law Code to protect the legitimate rights and interests of the parties to the marriage relationship.The parties concluded a marriage relationship,but when the marriage relationship was declared invalid or revoked according to the law,making the marriage relationship invalid from the beginning,the party who caused the marriage relationship invalid or revoked and made the other party suffer injured,for his fault behavior,should be liable for the other party without fault.The nature of the liability for damages at the time of the conclusion of the marriage is tort liability.The liability for damages at the time of the conclusion of marriage should apply the principle of fault liability,and there are illegal acts,damage facts,causality and fault elements and the injured party must not be at fault.The innocent party to claim damages at the time of the conclusion of the marriage should be bounded by the statute of limitations.