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How to explain the duty of loyalty between husband and wife What responsibility should be borne for violating the duty of loyalty between husband and wife

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How to explain the duty of loyalty between husband and wife What responsibility should be borne for violating the duty of loyalty between husband and wife


        

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  • 2024-06-26 09:00:56

    Article 4 of the Marriage Law stipulates that "husband and wife shall be faithful to each other and respect each other." Faithfulness between husband and wife mainly refers to the exclusive sexual life between husband and wife, and not the obligation of extramarital sexual life. Broadly speaking, the duty of loyalty also includes not abandoning the spouse maliciously and not sacrificing or harming the spouse's interests for the interests of a third person. However, the duty of loyalty between husband and wife depends on people's consciousness and good moral level. The duty of loyalty stipulated in the Marriage Law cannot be directly used as the standard and basis for punishment and compensation. There are many violations of the duty of loyalty, including adultery, bigamy, cohabitation, abandonment, and so on. There are different ways to deal with different behaviors, so the responsibilities are different. Adultery is generally restricted by the moral mechanism, and the law does not impose compulsory provisions; Those who have cohabitation or bigamy can directly claim compensation according to relevant laws, and those who violate the criminal law should also be investigated for criminal responsibility. Article 46 of the Marriage Law stipulates: "In the following circumstances
    1、 If divorce is caused, the innocent party has the right to claim damages:
    (1) Bigamy;
    (2) The person with spouse cohabits with another person;
    (3) Domestic violence;
    (4) Abusing or abandoning family members. " Article 258 of the Criminal Law stipulates that anyone who has a spouse and bigamy, or knowingly marries another person who has a spouse, shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention.

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