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在婚姻关系存续期间,夫妻相互享有受扶养的权利并承担此义务。婚姻关系一旦终止,理应尽快了断此种权利义务关系。在现代,许多国家的法律规定,法定条件下原配偶仍然承担支付扶养费的义务。国内外有关离婚后扶养请求权基础的相关理论在一定程度上揭示了离婚扶养费请求权产生的根据,但存在一定的局限性。离婚后扶养费请求权应以离婚夫妻之间公平分担因婚姻产生的经济上的不利后果为基础。
During the marriage, the husband and wife have the right to support each other and assume this obligation. Once the marriage is terminated, it should be as soon as possible to break the relationship between rights and obligations. In modern times, the laws of many countries stipulate that under the legal conditions, the original spouse still bears the obligation to pay the support expenses. Relevant theories about the basis of the right to raise after divorce at home and abroad have revealed the basis of the right of claim for divorce to some extent, but there are some limitations. The right to claim for maintenance after divorce should be based on the equitable sharing of the economically adverse consequences of a marriage between the divorced spouses.