On Marriage "Loyalty Agreement"

Today’s society, along with the social open degree deepening, as people for the requirement of material life is increasing, love, marriage, it’s hard to simply exists as before. Be injected a large amount of material factors among them, a lot of people in love, marriage is more focused on each other’s work, income, culture, education level, social status, etc., and the basis of marriage-feelings often appear insignificant.Do wrong, but I only pay attention to the marriage is long of material, the divorce rate rising is clearly illustrates this point. Soaring divorce rates lead to more and more concern for the stability of marriage, so that the couple’s declining trust, in order to make a more stable marriage to survive, so a lot of people to produce the idea of a buy a insurance for marriage, "loyalty agreement" arises at the historic moment.But the problem is then generated:"loyalty agreement" effective? The country’s first infidelity compensation to released (Shanghai min line case), seems to give people a reply. But then the effectiveness of the "loyalty agreement" in the legal science caused heated discussion. Supporters and opponents, in the "defend marriage" affected the social from all walks of life, people on both sides of the argument, supplies ideas did not come to an agreement. In the judicial practice of "loyalty agreement" the cognizance of legal effect is also different, leading to a "different connection with the sentence" awkward, greatly affect the seriousness of the law.In this paper, we study the effectiveness of the "loyalty agreement", attempt from the perspective of a variety of analysis and discussion, the hope can give the relevant legislative and judicial work some references and Suggestions.The first part, introduction. This part mainly is "loyalty agreement" research significance and research status at home and abroad to do review.The second part, the summary of "loyalty agreement". This part mainly introduces the concept of "loyalty agreement", then according to different standards to classify the existing "loyalty agreement", in order to later targeted analysis. Then the legal basis for "loyalty agreement"-the duty of loyalty to the necessary explanation and definition.The third part, the legal analysis of "loyalty agreement". This part mainly from the beginning of the two classic case, lead to the different connection to the judicial present situation, and the legal science for the focus of the debate and loyalty agreement. And start on the essence of marriage, from shallow to deep demonstrates the nature of the "loyalty agreement" is a supplementary agreement. Then, from "loyalty agreement" before marriage and after marriage "loyalty agreement", RenShenXing "loyalty agreement", property "loyalty agreement", four different category classify to carry out specific analysis on the corresponding "loyalty agreement".The fourth part, the standard "loyalty agreement". This part combined with the legislative, judicial, and puts forward some concrete Suggestions.