A New Interpretation of the Path of Referral of Personality Rights On Third Party Liability for Adultery Under the Civil Code System
Whether the behaviour of the adulterous third party should be only morally condemned or legally regulated is a classic problem in the field of family law.The reason why this question is difficult to answer is not only because the doctrinal path on which it is interpreted is difficult to be integrated,but also because the folk concept of family and morality has strong characteristics of"fluidi-ty"and"abstraction".Responsibility denial cannot be justified in the value level and technical level,and responsibility affirmation lack of corresponding social concepts and institutional soil,and in the evaluation of responsibility for the third party is too harsh.The regulation of the third party of adultery should adopt the"compromise mode"of limited recognition of responsibility,with the help of Article 1001 of the Civil Code to achieve the protection of identity rights in reference to the right to personality,according to the inter-ests of the main complaint is clear to judge the third party of adultery to assume the responsibility of the path and the specific form of re-sponsibility.
adulterous third partyduty of fidelitypersonality rightinterest in the casereference application
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