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What are the remedies for the third party's involvement in the infringement of spouse's rights in the new marriage law

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What are the remedies for the third party's involvement in the infringement of spouse's rights in the new marriage law


        

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  • 2024-06-26 17:00:00

    There are two remedies:
    1、 Stop infringement. If a third party interferes with the infringement of the spouse's rights, the injured spouse may, according to the actual situation, request the court or relevant units to eliminate the infringement, or, according to the provisions of the General Principles of the Civil Law of China, appeal to the court to order the infringer to stop the infringement, restore his reputation, eliminate the impact and apologize.
    2、 Damages. The third party's involvement in the infringement of spouse's rights may cause both property damage and mental damage. Mental damage is relative to material damage, which includes mental pain and loss of mental interests. If the divorce is caused by the involvement of a third party, the innocent party can claim compensation from his or her spouse.
    Article 46 of the Marriage Law refers to 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) Maltreating or abandoning family members.

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