Theoretical basis,judicial application,system coordination of housework compensation system for divorce under the perspective of Civil Code
Article 1088 of the Civil Code extends the scope of application of the system of housework compensation for divorce.It has the reason of legitimacy,rationality and value basis.Under the communal property system,If proper compen-sation cannot be obtained by dividing the joint property of the husband and wife In the event of divorce,the party who pays more for housework can claim compensation for housework.Article 1088 of the civil code,"More duties",includes specific sacrifices for housework,such as"Raising children and caring for the elderly",and for non-housework,such as"Assisting the other party to work".Certain sacrifices must be based on maximizing the interests of the family.When determining the amount of compensation for domestic work,we can take into account such factors as the time of domestic work,the energy invested in domestic work,the benefit of domestic work,and the trust interest of the party who bears more family obliga-tions.The value objectives of the three systems are different,the two systems of divorce damage compensation and divorce housework compensation are not contradictory and conflicted,If the objective situation of"living in difficulty"is eliminated by any of the above compensation,the system of Housework Compensation for divorce can not Be applied.
houseworkcompensation for houseworkcertain sacrificesprinciple of family benefit maximization
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