Proceedings of the 7th International Conference on Economy, Management, Law and Education (EMLE 2021)

Research on the Conflict and Coordination Between the Right to Privacy and the Right to Know

Thoughts Caused by a Case

Authors
Yang Zhou1, *, Wei Xie1
1School of Law and Society, Wuhan University of Technology, Wuhan, Hubei 430070, China
*Corresponding author. Email: 675318602@qq.com
Corresponding Author
Yang Zhou
Available Online 17 March 2022.
DOI
10.2991/aebmr.k.220306.059How to use a DOI?
Keywords
Relationship between husband and wife; The right to privacy; The right to know; Conflict; Coordination
Abstract

The conflict between the right to privacy and the right to know has always been one of the important research topics in the field of marriage and family law. The Civil Code promulgated on May 28, 2020 only stipulates in Article 1,043 (2), Article 1,053 and other articles the right to know, such as the obligation of loyalty between husband and wife and the obligation to inform of serious diseases before marriage, however, there are no special provisions on the privacy of husband and wife, only general provisions. Due to the particularity of the relationship between husband and wife, how to coordinate the contradiction between the privacy and the right to know has become a difficult problem. In marriage, both parties should enjoy the right to know about their feelings, life and other behaviors, and the privacy right of the individual should be limited. The right to know about the privacy involving the interests of the husband and wife will not have a substantial impact on the privacy right of either party. Starting with a case, this paper studies the conflict, boundary and coordination measures between the right to privacy and the right to know between husband and wife. The purpose of this study is to clarify the boundary between the right to privacy and the right to know between husband and wife, so as to alleviate the conflict in real life and better maintain the stability and development of marriage.

Copyright
© 2022 The Authors. Published by Atlantis Press International B.V.
Open Access
This is an open access article under the CC BY-NC license.

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Volume Title
Proceedings of the 7th International Conference on Economy, Management, Law and Education (EMLE 2021)
Series
Advances in Economics, Business and Management Research
Publication Date
17 March 2022
ISBN
10.2991/aebmr.k.220306.059
ISSN
2352-5428
DOI
10.2991/aebmr.k.220306.059How to use a DOI?
Copyright
© 2022 The Authors. Published by Atlantis Press International B.V.
Open Access
This is an open access article under the CC BY-NC license.

Cite this article

TY  - CONF
AU  - Yang Zhou
AU  - Wei Xie
PY  - 2022
DA  - 2022/03/17
TI  - Research on the Conflict and Coordination Between the Right to Privacy and the Right to Know
BT  - Proceedings of the 7th International Conference on Economy, Management, Law and Education (EMLE 2021)
PB  - Atlantis Press
SP  - 393
EP  - 402
SN  - 2352-5428
UR  - https://doi.org/10.2991/aebmr.k.220306.059
DO  - 10.2991/aebmr.k.220306.059
ID  - Zhou2022
ER  -