On The Agreement Of Husband And Wife Loyalty

With the rapid development of the society, there is an increasing number of lure appeared, which leads some uncertainties in the relationship of marriage. The rate of divorce is staying at a high level. Except for causing many social problems, all these factors will kill the relationship between the husband and the wife. As well, they will cause the uncertainty of the society and the blame for the immorality. The loyalty in the marriage relationship is the basis. In order to keep the loyalty and the certainty, Couple Loyalty Agreement, a kind of agreement to protect ones’marriage in the basis of their willingness, is becoming popular. As a contract of people’s relationship, there are some differences in the subjects, the goals, the contents, etc. Furthermore, it brings the ethical features.If the husband or the wife betrays the contract, he or she will be punished and take the responsibilities ruled in the agreement. If he or she refuses to take the responsibilities, most of them will access to court and then a serious problem, the validity of the Couple Loyalty Agreement, will come out. In our country, there are two main studies to identify the validity of the Couple Loyalty Agreement, effectiveness and ineffectiveness. I agree with the theory of effectiveness. On the terms of the Couple loyalty agreement’s contents, it can be divided into three categories, involving personal relationship, both personal and property relations and property relations. Determination of the validity of the couple loyalty agreement, it should, as the case may be, acknowledge the effectiveness of loyalty based on the essential foundation, the validity foundation, the basis of social, economic base, ethical foundation and legal basis for six theoretical basis. The couple sign the marriage loyalty agreement has a very clear purpose, which is play the positive features through the couple loyalty agreement to achieve self-governance of the family, in order to safeguard marriage and family stability better. I believe that the couple loyalty agreement has at least several positive features: Objective function, supervision function, warning function, maintains function, prevention function, benefit function, punishment function, and comfort function; to make the agreement effective, it incudes the following elements:1. The subjective elements:the main parties of the marriage loyalty contract shall have full civil capacity.2. Meaning elements:the couple signed a marriage party loyalty agreement of intention must be true.3. Exterior elements:the couple loyalty agreement shall not violate the public order and good morals.4. Form elements:the form of the marital loyalty agreement shall comply with the laws.5. Time requirements:the agreement must be signed during the marriage.6. Objective elements:the couple sign the marriage party loyalty agreements with justified purposes.7. Content Elements:the contents of the couple loyalty agreement shall be in the form of civil liability ruled in "Civil Law", under the existing legal framework. We cannot deny that, due to the particularities of marriage and marital relations body, the relationship between the personal and property relations of spouses are inseparable, involving each other, and it is difficult to separate. Changes in matrimonial relations will inevitably lead to changes in property relations, and the relationship between changes in marital property in a certain sense also bring some impact on a physical relationship. However, we cannot easily identify the couple loyalty agreement as a personal relations’agreement, or a property relations’agreement, even both the personal relations and property relations’agreement. First, the personal relationship necessarily involves personal rights. Natural persons may be lost for some political and property rights because of certain legal reasons, but cannot lose the most fundamental personal rights. Secondly, the creation and the disarmament of modern husband and wife relationship is clearly defined by law, its contents containing the rights and obligations preset by law, rather than just through a simple protocol. Finally, although the breach of marital loyalty agreements party pays for the innocent party, which will involve changes in marital property, it should be noted that the transfer of marital property in a normal range and the property involving in couple loyalty agreements cannot be confused. On the surface, it seems that both results are the transfer of property between husband and wife, no different, but in fact, the property changes are the result of the owners’ disposal, and this disposition exhibited by their positive attitude, voluntary to transfer. However, marital loyalty agreement involved is the result of punishment, with an unwilling attitude.I believe that the focus on accurately defining the nature of marital loyalty agreement is to identify the intention of the parties to sign the agreement. This is the key to solve the problem. One important part of the couple relationship as husband and wife is loyalty; they should burden this obligation to each other. The couple signed a marriage party loyalty agreement directly to the spouses the duty of loyalty, its meaning is not in order to limit or alter the rights and obligations between husband and wife, but the couple in order to ensure compliance with the duty of loyalty, breach of the obligation and agreed to their spouse breach of the obligation of conduct and specific form of liability and responsibility therefore to harm the innocent party should bear. We know that the civil liability of property includes the property responsibility and the non-property responsibility. Marriage party in violation of the agreement can agree to use one specific form of liability. Because the property-liability has a strong punitive color, and the effect is more obvious, most of the couple loyalty agreements use property liability. Its property responsibility is essentially the responsibility of their property in violation of the couple agreement, is punitive measures. Couple loyalty agreement needs to be further improved by the Marriage Law and its interpretation to guarantee its effectiveness in real life, in order to safeguard the legitimate rights and interests of marriage parties and to guarantee a stable marriage, family harmony and social harmony.