The faithful obligation of husband and wife, that is, the obligation of virginity, the husband and wife in the common life should be mutually solid to maintain the specificity and exclusivity of the marriage relationship. The faithful obligation of husband and wife is to protect the interests of the infringed person. Both husband and wife must be devoted to love, loyal, and loyal to each other. The faithful obligation of husband and wife emphasizes equality between men and women, that is, whether the man or the woman violates the law , the punishment is the same. For decades, some people have argued against the faithful duty of husbands and wives, but gradually abandoned by society over time, such as sand, which proves the sufficiency and necessity of husbands faithful duties.
Some scholars adopt a broad interpretation of the obligation of fidelity, forcing couples to be loyal to each other and not to harm their spouse s interests for their own self-interest or the interest of a third person. It is generally believed that there can be narrow and broad interpretations of the obligation of husband and wife to be faithful. In the narrow sense, the obligation of loyalty between husbands and wives, also known as the obligation of loyalty to virginity, simply means the exclusive obligation of the spouse s sexual life. In the broad sense, the husband and wife s loyalty obligations not only include husband and wife s mutual virginity in sexual life and not for extramarital sex, but also include the fact that the husband and wife must not maliciously abandon the other spouse, and must not sacrifice for the benefit of a third party or harm the interests of the spouse.
1. The basic legal nature of husband and wife s loyal obligations. It is said that the right of spouse is the basic right of identity based on the status of spouse under the law of spouses. From the legal point of view, there is a compound nature of rights and obligations, that is, rights and obligations are inseparable in the right of spouse, and the exercise of rights is the performance of obligations. In principle, the right holder of such an identity right must not give up, or even think that the right holder has the obligation to exercise it. Although spouse rights are rights in nature, they are centered on obligations. Rights holders are voluntarily or involuntarily subject to the interests of counterparties driven by ethics, so rights include obligations. Therefore, Although the faithful obligation of husband and wife is called obligation, I believe that it is a complex of rights and obligations in essence. These two aspects are interdependent and indispensable.
2. Husband and wife should be faithful to each other. It is a right and obligation shared by both husband and wife. That is, the husband has the right to require his wife to be loyal to himself, and at the same time has the obligation to be loyal to his wife. On the other hand, the wife has the right to require her husband to be loyal to her, while at the same time she has the obligation to be loyal to her husband. Here, there is another point that needs to be emphasized. Some scholars believe that the faithful obligation of husbands and wives not only bind the subject of spouse rights, but also the subject of their obligations. It also binds other obligors of the right of spouse, that is, from the nature of the absolute right of the spouse, requires that anyone other than the spouse has the obligation to the spouse not to destroy the chastity of the spouse. Such an obligor commits adultery with the spouse and destroys the spouse s virginity, which constitutes an infringement, that is, if he breaches his duty of loyalty, he must bear responsibility. The writer believes that this view has a reasonable element, but it does not agree with the positioning of the subject of the loyalty obligation. Because, for the spouse s duty of loyalty , its subject can only be the spouses who have a spouse relationship. As for the second aspect expressed in the above point of view, it does exist, but it is not the content of the spouse s duty of spouse, but Based on other rules, the definition of the subject is particularly important when legally positioning the husband s and wife s loyal obligations. That is, the subject can only be the husband and wife, and there is no third party. As for the faulty first The three parties will be held accountable in accordance with other relevant laws.
There must be an obligation of mutual loyalty between husband and wife. This is a relevant provision in the law. If one of the husband and wife is derailed, then all legal liabilities may be assumed.