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同居和通奸的区别

发布时间:2019-02-18 13:05
同居和通奸的区别
 
The difference between cohabitation and adultery
 
 
 
通奸是指有配偶的一方秘密与配偶以外的其他人发生性关系的行为。虽然有些人的通奸行为在一定范围内被人知晓,但这种知晓是出于当事人意愿之外的知晓,它在本质上是不公开的,是不愿被他人知晓的。通奸与重婚、同居的根本区别就在于它是隐秘的、一般不为他人所知晓的、不希求夫妻名分和配偶权利、义务。通奸只是偶尔地与婚外异性发生性关系,不承担民事责任,在婚姻法上没有什么后果。婚姻法上没有通奸或者婚外恋的概念。法律并不调整婚外恋、第三者插足,法律并不禁止通奸,那是道德调整的范围。
 
Adultery refers to the act of having a secret sexual relationship with someone other than the spouse. Although some people's adultery is known to a certain extent, this kind of knowledge is out of the will of the parties, which is essentially not public and unwilling to be known by others. The fundamental difference between adultery and bigamy and cohabitation lies in that it is secret, generally unknown to others, and does not want the spouse's title and rights and obligations. Adultery only occasionally has sexual relations with heterosexual couples outside marriage, does not bear civil liability, and has no consequences in marriage law. There is no concept of adultery or extramarital love in marriage law. The law does not regulate extramarital love, third party involvement, and the law does not prohibit adultery, which is the scope of moral adjustment.
 
 
 
“有配偶者与他人同居”,其中的同居,是指有配偶者与婚外异性,不以夫妻名义,持续、稳定地共同居住,实际上即为非法同居,判断是否为"有配偶与他人同居"就要看双方关系在时间上的持续性、关系的稳定性和是否居住生活等方面。
 
"Cohabitation with spouses and other people" refers to the continuous and stable co-habitation between spouses and heterosexual couples without the name of husband and wife. In fact, it is illegal cohabitation. The judgment of "cohabitation with spouses and other people" depends on the persistence of the relationship in time, the stability of the relationship and the living life of the two parties.
 
 
 
通奸与同居的本质区别在于后两者是公开行为,而前者是隐秘行为。
 
The essential difference between adultery and cohabitation is that the latter two are public acts, while the former are covert acts.

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