“第三者”侵害配偶权的损害赔偿

新婚姻法确立的离婚损害赔偿制度排除了第三者的责任。文章认为,配偶权是绝对权,第三者作为义务主体负有不得侵犯的不作为的义务。“第三者插足”属于与过错配偶的共同侵权行为,应当承担对受害配偶的连带损害赔偿责任。第三者承担责任对于保护受害配偶的合法权益,倡导健康、文明的婚姻家庭关系,维护善良风俗是有积极的导向意义的。

The Indemnity fort the Third Party Who Violates the Right of Spouse

There have been disputes about the civil duty that the third party violates the right of spouse in educational circles.The indemnity system of divorce established in New Marriage Law expels the third party's liability.We think that the right of spouse is absolute and the third party is not entitled to infringe.The conduct that the third party violates the right of spouse belongs to common behavior of infringement with the other spouse.He should undertake the duty of indemnity to the right spouse.There is positive significance of the third party undertaking the duty in protecting the legal rights and interests of the harmed spouse and initiating the healthy and harmonious family relationship and maintaining the kind customs.