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婚姻从缔结之日起便具有法律效力,受法律保护。我国《婚姻法》是调整夫妻之间人身关系,财产关系的法律。婚姻法对夫妻一方侵犯夫妻共同财产的法律后果做出了明确规定,同时也设立了离婚损害赔偿制度。但婚内夫妻个人财产的侵权问题却是婚姻法的一项空白。本文中笔者将从民法基本原理、侵权法的立法目的社会功能、权利救济三个角度对该问题进行分析论证。
Marriage has the force of law from the date of conclusion and is protected by law. China’s “Marriage Law” is to adjust the personal relationship between husband and wife, property law. The law on marriage infringes on the legal consequences of the joint property of the couple made a clear provision, but also set up a system of damages for divorce. However, the infringement of marital husband and wife personal property is a blank of the Marriage Law. In this paper, the author will analyze and prove the issue from the perspectives of the basic principles of civil law, the social function of the legislative purpose of tort law, and the relief of rights.