On The Loyalty Agreement Between Husband And Wife

Chinese society has entered a transition period, is from a traditional agricultural society to a modern industrial society and the information society.With the social transformation of the political, economic, culture, life, ideas and other aspects have undergone profound changes.The performance of this revolution in the family is "gender, generational and economic independence, equality and democracy, awareness is growing into the family. This is often produced with the traditional family ethics of difference and conflict, the formation of interpersonal interaction within the current family salient features. "Increasing people's awareness of the law, this is the era of progress.With the continuous prosperity of the people of the world, life and values also will slowly change.In this pluralistic society, the limits of freedom is very low. They do not violate the law and each person can freely express yourself fully.Many people break through the traditional shackles to break the moral of the detention, extramarital affairs, mistresses and so endless duty of loyalty against the husband and wife becoming the greatest threat to marriage. In order to protect their legitimate rights and interests, many couples set a "husband and wife loyalty agreement" to restrain each other, seeing it as a marriage insurance policy.Sadly, even signed a loyalty agreement, or failed to prevent the phenomenon of an extramarital affair. Innocent spouse side under enormous psychological trauma, while not forgetting to use legal means to each other to court and punish the other party to make up for pain.Agreement on the validity of loyalty, some of the court support and some courts against loyalty agreement becoming the hot spots.This article focuses mainly divided into five parts, the first to raise questions, issues through two case leads.The second part is to describe the problems relating to marriage.It is mainly about the nature of marriage, gender inequality and the threat of other issues.The third part is the legal effect of marital loyalty agreements which were discussed, loyalty agreements meeting the elements of the civil legal act, is a contract.This section also stresses the foreign law obligations on the faithful husband and wife discussed the loyalty agreement is against public order and good morals.If the provisions of about personal nature to strictly limit, can only limited to sex outside marriage, not constraint each other's personal freedom.The fourth part focuses on social practice, loyal husband and wife in the agreement, analyzes and discusses the judicial practice, the problems of loyalty agreements, the social impact of loyalty agreement Partâ…¤wrote a research conclusion, the author's views, such as issues related to justice issues and evidence collection.The author believes that an agreement in the marital loyalty behaviors consistent with the elements of civil law to recognize the validity of the case.First, the parties signed a loyalty agreement must have a valid marriage;Second, when the couple signed an agreement with full civil legal capacity and is entirely voluntary;Again, the agreement can not violate the mandatory provisions of law and public order and good morals;Finally, the subject of the agreement can only be limited to a certain amount of money, and the other party should have the possibility to perform.In short, the couple loyalty agreement problems are very complex, legal recognition of their effectiveness at the same time, legislative and judicial requirements from the content clear and strict procedures.Society progresses, people's increasing awareness of the law, has avoided issues related to loyalty agreements can not fundamentally solve the problem, only the recognition of its existence and made between related programs in order to avoid the court, "shares the desk sentences differently," the embarrassing situation.