A Loyalty Agreement Of Husband And Wife

We are in an era when people have completed ideas of marriage and there are so many problems in marriage.It becomes a prominent problem that some people have extramarital affairs to pursue freedom.Loyalty is the essence request of marriage relations,which is also the base to stabilize marriage relationship.It is a main reason of the break-up of marriage that one partner in marriage does not fulfill the duty of loyalty.When even pledges and promises cannot guarantee the stability of marriage relationship, people have to come up with a new method to maintain marriage and to protect the rights in case of divorce,which is called loyalty agreement.However,there are no description in details in current legislative and judicial interpretation,so that people have different understandings in the feature and effect of loyalty agreement,which results in difficulties and confusion in the application of law.In this article, historical review and empirical analysis methods are used in order to make clear of the foundation and current legal protection of loyalty agreement,while the rules of loyalty agreement in other countries are used for reference.This article also attempts to expound and demonstrate the legislation protection of loyalty agreement systematically, and therefore it can help to the establish and perfect the system of loyalty agreement.The first part is an overview on loyalty duty between couples.The duty of loyalty is not only a obligation,but also a right,which both husband and wife cannot quit.The second part is to discuss what loyalty agreement is.It is a proper choice for husband and wife to divide their property and make right relief by themselves through loyalty agreement.The third part is the legal regulation of loyalty agreement.This part mainly analyses present legislation situation of loyalty agreement in China,raises defects of it,and ends with improving suggestions.