A Discussion on Quasi Liability Issue of Obliged Faithfulness in Marriage
Zhang Jiaji Miao Yu
1.School of Humanities and Social Sciences， Beihang University， Beijing 100083；2.Civil and Economic Law College， China University of Political Science and Law， Beijing 100088
Abstract：China’s Marriage Law stipulates that married man and woman should be faithful to their partner， and introduces divorce compensation system. Due to legislator’s evasion of the dispute between the moralization and legalization of faithfulness obligation， judicial practices， on the one hand， intend to recognize faithfulness obligation to be morally obliged， and on the other hand acknowledge that severe violation of faithfulness obligation results in legal consequences such as damage to citizen’s interests. Supreme Court published exemplary cases as well as updated safety net article “other major mistakes” based on Article 46 of Marriage Law from Article 869 of Code of Civil Law-draft aiming to make clear that the one who violates faithfulness obligation should be obliged to take on liability of compensation to the other. Once a certain severity of violation of faithfulness obligation occurs， the one who violates should bear the consequences of marriage annulment which lead to quasi-default of debt liability or liability for breaching contract， including compensation for both material damage and mental damage.
2019, Vol. 58 
