The Legal Adjustment Of The Faithful Husband And Wife Agreement

"Loyalty agreement" after the disclosure of compensation in case attracted academics and the judiciary for a faithful husband and wife agreement widely discussed.For husband and wife should be faithful to the agreement whether or not access to legal support,at present there is considerable controversy.This article,through a case of husband and wife duty of loyalty to the history and reality of thinking,to explore the legal significance of the agreement faithfully and make relevant recommendations of the Legislative and Judicial.In addition to the introduction of the full text of a total of four parts outside,about 1,000 more than character are as follows:First,the essence of the case summary and referees.In this case by the husband and wife are faithful to agreements with the compensation case triggered.Jia with her husband Zeng signed a "loyalty agreement." Agreement in the wedding party to appear extra-marital affairs, it is necessary to compensate each other's reputation and mental damages loss of 300,000 yuan.In two of the divorce proceedings Jia to Zeng violation of "husband and wife loyalty agreement" on the grounds filed counterclaims asking the court to pay liquidated damages Zeng decree 300,000 yuan.After the court determined that "faithful agreement" effective, supported Jia request.Second,the case the focus of controversy.The main focus of the case the dispute surrounding the parties are to sign a "loyalty agreement" is legally binding,the formation of the affirming and denying the two opposite views,which have different theories to support their point of view.Third,the legal analysis and legal significance.That part of the first sort out the obligations of the husband and wife faithful History,discusses the ethical duty of loyalty value and legal value,as well as legal spouses of each other on how faithfully and to strike a balance between individual freedom,faithful to the agreement and then discussed the legislative and judicial significance to Supporting this point of view of this article.Fourth,the conclusion of the study.Faithful in affirming that part of the agreement based on the legislative and judicial aspects of the proposals with a view to address the faithful husband and wife agreement due to disputes arising from help.