Research On The Agreement Of Couple Loyalty

With the rapid development of China's economy,the divorce rate in China is on the rise,and the divorce disputes are also increasing.Many problems related to divorce have also attracted the attention of the academic and practical circles.How to deal with the increasing number of divorce disputes,solve the practical problems in divorce disputes,optimize the trial of related cases,and realize the justice of judgment has become a problem that the academic community needs to face directly.Among these issues related to divorce,the issues arising from the couple's loyalty agreement are particularly noticeable.How to determine the legal effect of the loyalty agreement between husband and wife,determine its position and function in the judicial judgment,has become a research hotspot in the academic field.The proposition of marital loyalty agreement not only has academic research value,but also contains huge social utility.The effective response to this proposition undoubtedly has important value for the trial of related disputes.It can also improve the correspondence between ethics and judicial regulations,and ultimately promote the innovation and development of China's marriage judicial system.The loyalty agreement between husband and wife is a complex proposition involving many fields such as law and morality.In the process of research,in order to enhance the pertinence and practicability of the research,this paper starts with the concept of the loyalty agreement between husband and wife,focuses on the views formed in the research of the loyalty agreement between husband and wife in the academic circle,on this basis,condenses the consensus of the legislative and theoretical circles outside the country,and forms the legal expression of the loyalty agreement between husband and wife.Then,this paper uses empirical research methods,based on the disputes caused by the loyalty agreement between husband and wife,to investigate the court's understanding of the nature and legal effect of the loyalty agreement between husband and wife in judicial practice,extract "judicial wisdom",and explore the practical problems faced by the court in practice.Finally,combined with the current situation of legislation,justice and theory,this paper puts forward effective solutions to many problems caused by the loyalty agreement between husband and wife.The specific research contents are as follows:In the first part,the author analyzes the concept and main characteristics of the loyalty agreement between husband and wife from the perspectives of life,moral field and legal definition,with the focus on the legal concept and nature orientation of the loyalty agreement between husband and wife,so as to make up for the inaccuracy of the legal nature and effectiveness of the loyalty agreement between husband and wife in the academic research and relevant laws The short board of the orientation of the agreement is helpful to the execution and implementation of the legal effect of the agreement.In the second part,it mainly studies whether the couple loyalty agreement belongs to the adjustment scope of contract law.Some scholars believe that the loyalty agreement between husband and wife is a contract signed on the basis of restricting the relationship between husband and wife,and both parties agree.However,from the perspective of law,the personal relationship and personal rights are regulated by law,so they cannot be disposed and managed in strict accordance with the basic requirements of the contract law.Combined with the existing domestic views of "validity" and "invalidity",this paper analyzes whether the couple loyalty agreement can be included in the scope of the contract.According to the binding nature and contract value of the contract law of the people's Republic of China,there are similarities between the signing status and the signing way of the loyalty agreement between husband and wife and the drafting and signing of the contract.Although there are differences in the legal nature between the two,the viewpoint that the loyalty agreement between husband and wife needs to be included in the scope of the contract is still upheld.The couple loyalty agreement is regarded as a contract to enhance the binding of the couple loyalty agreement.On the basis of the original moral obligations,it can provide a strong basis for the legal effect of the couple loyalty agreement and the improvement of the contractual nature..The third part focuses on the analysis of the validity and invalidity of the couple's loyalty agreement.In order to improve the effectiveness and research value of this part,based on the judicial data,this paper summarizes the application of different loyalty agreements,marriage dispute cases,judgment results and other information data,as the judgment basis for the validity and invalidity of loyalty agreements.The view of supporting invalidity is that article 4 of the marriage law of the people's Republic of China focuses on the protection of personal rights and interests,and that the loyalty agreement between husband and wife should focus on moral obligations.In the study of this agreement,the viewpoint of "holding effect" stands on the contractual nature of the agreement,the performance of faithful obligations and the promotion of judicial effect,and then reflects the legal effect of the loyalty agreement between husband and wife.The fourth part,from the perspective of personal relationship,property relationship and legal basis,studies the application effect and practical application effect of the loyalty agreement between husband and wife.On the basis of materialistic dialectics,we should make clear the legal effect of the loyalty agreement between husband and wife,and improve the judicial status of the loyalty agreement between husband and wife,which will play an active role in defining the personal relationship,protecting the legitimate rights and interests,and reasonably dividing the property after the couple disputes.In the fifth part,on the premise of dialectical analysis of the legal effect and judicial effectiveness of the loyalty agreement between husband and wife,the integration of the loyalty agreement between husband and wife into the protection of contract law and relevant marriage laws is to improve the judicial value and legal positioning effect of the loyalty agreement between husband and wife on the premise of implementing the moral attribute of the loyalty agreement between husband and wife.In order to further strengthen the legal effect of the loyalty agreement between husband and wife,this paper studies whether the loyalty agreement between husband and wife should be included in the civil code,which is the basic law to embody the legitimate rights and interests of citizens and ensure the implementation of their rights.This paper studies how to integrate the couple's loyalty agreement into the civil code and how to stipulate the couple's loyalty agreement in the civil code,and puts forward that under the principle of judicial fairness and justice,we should adhere to the monogamy system,and implement it from the perspectives of extramarital sexual behavior,emotional relationship,mutual help between husband and wife,and economic support,so as to realize the integration of the agreement into the civil law.Code,improve its judicial effect.In the end,the author summarizes the research points of the legal effect of the loyalty agreement of husband and wife,in order to provide assistance for the judicial judgment basis of marriage and the trial of husband and wife disputes.