Couples Loyalty Agreement "caused By The Legal Thinking

Nowadays,as the divorce rate is increasing continuously,in order to buy a "peaceful security" for their marriage,the style of people using a paper agreement(marital loyalty agreement) to protect their romance and marriage has rose in the big cities quietly.Appearance of this phenomenon reflects that the thought to protect their marriage of contemporary people is strengthened obviously.Is the marital loyalty agreement effective? From the first unfaithful claim between husband and wife case happened in Shanghai,there is a big wave in China's legal theory field and the pros and cons voice can be heard every where.The judicial practice's opinion on its validity is also different,which results in the judicial embarrassment of decision inconsistent.In view of this,startingwith two cases which are similar in details while different in results,this paper firstly introduces the disagreement about the marital loyalty agreement's validity in current China's judicial practice,then analyzes the legislative status at home and abroad on loyalty duty between husband and wife and the background of the marital loyalty agreement,and defines it in legal perspective.Using the combined method of theory and practice,this paper judges the effect of marital loyalty agreement and researches the legal issues in application.Generally,the paper is divided into four parts:Part one defines the marital loyalty agreement.This paper analyzes the legislative status at home and abroad on loyalty duty between husband and wife and the background of the marital loyalty agreement,and defines it in legal perspective.Marital loyalty agreement is an agreement that in relation to the rights and duties between husband and wife and the the consequences of default and then this paper gives a whole introduction from content and character.Part two observes the judgment of validity.Starting from the essence of marriage,including the agreement of personal relationship,this part observes that a marital loyalty agreement is a civil contract,but its validity can not be lumped together.With the effective elements of the contract to determine its effectiveness.Part three maintains the legal issues in application.This part analyzes the legal issues in application in practical perspective such as the complaint of the agreement,the limitation of petition right,changing the contents and how to apply it where unfairness exists and the relation of divorce damages.Part four is a research summary.This part is a brief summary of the former text.Marital loyalty agreement is supplementary of existing laws.It is beneficial for some of the adverse marriage acts as a punishment and the role of warning.In sum,this paper has profound theoretical significance and significant judicial practice value.It laid the theoretical foundation for the marriage legislation and it is beneficial for the legitimate interests of the aggrieved spouse to provide effective legal protection.