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婚内侵权从主体上讲是指夫妻之间的侵权行为,即具有合法婚姻关系的夫妻,以作为或不作为的方式违背了法律对夫妻权利、义务的规定,实施了危害配偶的身份权和以之为基础的财产权,使对方的人身、财产乃至精神受到损害的过错行为。本文指出婚内侵权构成与普通侵权一致,但也有特殊之处。
The infringement of marriage from the main body refers to the infringement between husband and wife, that is, with a legitimate marital relationship of husband and wife, as a way or act contrary to the law of the rights and obligations of husband and wife, the implementation of the identity of the right to endanger the spouse The property rights on the basis of which make the other person’s personal, property and even spiritual damage infringe upon. This article points out that the constitution of infringement in marriage is consistent with that of ordinary infringement, but there are also some special features.