论欺诈性抚养的损害赔偿

欺诈性抚养是指在婚姻关系存续期间或离婚以后,受欺诈的配偶方对婚姻关系存续期间所生之非婚生子女所承担的抚养义务。欺诈性抚养的被欺诈人基于侵权有权向抚养义务人请求损害赔偿,婚姻家庭法中应当对此作出规定,并注意解决好处理损害赔偿时的若干问题。

Discussion on the Infrigement and Compensation of Frandulent Custody

Legally, fraudulent custody is referred to the acts or the condition in which the cheated spouse bear with the liability to support the illegitimate children during the marriage relationship or after divorce. In fact, the cheated spouse is entitled to sue the real parents for damages based on the fraud and infringement imposed on him, Marriage and family law should set up the related regulatory rules and address the issues in dealing with the damages.