论第三人干扰婚姻关系之保护手段

Protection Measures of Marriage Relationship with Third Person Interference

婚姻为一男一女以终生共同生活为目的,而为法律所承认之结合,夫妻间互负忠实义务。第三人干扰婚姻关系使配偶一方无法履行忠实义务,致他方配偶之利益受损时,法律须为其提供救济手段。配偶权与名誉权的保护手段均无法使得受损利益得以周延救济,应用一般人格权方能使受损利益获得妥当保护,其请求权基础为《侵权责任法》第2条。

The marriage recognized by law is that a man and a woman combine for a lifetime together and husband and wife both have the mutual commitment to the duty of loyalty. When the third person interferes with the marriage and a spouse places cannot fulfill the duty of loyalty leading to the damage of the interests of the other spouse,the relief should be provided by the law. Spouse Right and Reputation Right are unable to relieve the damage and cannot effectively protect the right of the other spouse. According to Article 2nd in Tort Liability Law,the general personality right can supply protection measures from the damage.