On The Loyalty Agreement Between Husband And Wife

Marriage has the idea of freedom, equality and justice which implied in contract. From the establishment of marriage, the existence of the marital relationship to the dissolution of marriage all have manifested the free, equal and just contract idea. The essence of marriage is a contract containing special personal relationship. Husband and wife faith to each other is a natural duty. The loyalty agreement between husband and wife is one supplemental agreement to marriage contract. Therefore, the nature of loyalty agreement between husband and wife is a contract. The No.4 item in the marriage law, which stipulates"Husband and wife should be loyal to each other", completes the sublimation of faith duty between husband and wife from morality to law. However, this stipulation lacks the logical structure of legal standard, it isn't a norm of law. So, faithful duty of husband and wife isn't a legal duty, but one kind of legal initiative duty. This duty is principle, initiative and indefinite, also doesn't have the forcible execution force. The loyalty agreement between husband and wife is the concretization to abstract faithful duty of marriage law. Is also this agreement enables the principled faithful duty of marriage law to have determinism and may sue the nature. The loyalty agreement between husband and wife accords with the legislative spirit and principle of marriage law completely, it also will not harm citizens'freedom of the person. What it adjusts is the behavior of violates the faithful duty, but not the sentiment. Determined that a side has the behavior of violates the loyalty agreement also not definitely to create marital another side will also be the innocent third party's privacy exposes under the public. Therefore, the loyalty agreement between husband and wife has force of law as long as according with the contract come into effect important condition. The one of the parties in violation of the act of marriage loyal agreement is a fact which is breach of contract. The one of parties who defaults the contract take the consequences. There is a possibility of compensation in non-property damage caused by default loyal agreement, however, compensation only currency form. In principle, in determining the specific scope of the damages should be based on agreement of parties, but the agreement must be in reason. Otherwise, compensation should be increased or decreased in the reasonable range. If there is no specific amount of compensation agreed by the parties. If there is no agreement cover the specific amount of compensation in the past, then the following three aspects should be based on the compensation calculation, the extent of damage to the victim, the extent of harm from offender and the economic situation of the two sides.