Research ArticleOpen AccessGoogle Scholar indexed
Study on Application of Divorce Relief System in Chinese Civil Code
The Law School, Hainan University, Haikou, China
The Law School, Hainan University, Haikou, China
- 1 The Law School, Hainan University, Haikou, China
- 2 The Law School, Hainan University, Haikou, China
Beijing Law Review·Volume 11 (2020)·Pages 963–973·Published 3 December 2020·DOI10.4236/blr.2020.114057
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Abstract
Articles 1088, 1090 and 1091 in Chinese Civil Code improve the divorce relief system based on Marriage Law in 2001 . It allows the economic compensation system to apply in joint property system, improving the application conditions and methods of economic assistance. It increases the miscellaneous provisions for divorce damage compensation. In order to understand and apply the divorce relief system well, we should distinguish marital property system and set up different application conditions. In economic assistance system , t he “affordability” can be judged according to the standard of the support duty between relatives such as brothers and sisters. In damage compensation system , t he other serious faults should be correctly understood.
KeywordsChinese Civil CodeEconomic CompensationEconomic AssistanceDamage CompensationApplication Study
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