TITLE:
Study on Application of Divorce Relief System in Chinese Civil Code
AUTHORS:
Mingyu Hu, Xunan Luo
KEYWORDS:
Chinese Civil Code, Economic Compensation, Economic Assistance, Damage Compensation, Application Study
JOURNAL NAME:
Beijing Law Review,
Vol.11 No.4,
December
21,
2020
ABSTRACT: Articles 1088, 1090 and 1091 inChineseCivil Code improve the divorce relief systembasedon Marriage Lawin 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.Ineconomic assistance system,the “affordability” can be judged according to the standard of the support duty between relatives such as brothers and sisters.Indamage compensation system,the other serious faults should be correctly understood.