On The Couple Loyalty Agreement

With the speeding up of China's opening up and people's minds are constantly open, the concept of marriage and family has also a great change. With the traditional concept of marriage, the new situation has emerged new situations and new problems. Bigamy, has a spouse living together with others, adultery, and "second wives", "package Erye" extramarital affairs and so often happens in social life. More and more couples before marriage or after marriage, the couple signed a loyalty agreement, not only to prevent the parties in the marriage during the existence of the rails, but also expressed the longing for stability in marriage and family life, the pursuit of a happy marriage good intentions, and they will conscientiously implement the "Marriage Law" spirit. In recent years, the court has accepted cases involving husband and wife daily loyalty agreements increasely, because the law does not expressly provide that the Court "husband and wife loyalty agreement" deal with the case of judicial challenge, particularly loyalty to an agreement on the validity of the couple exists controversy.The couple loyalty agreements dealing with such cases has become difficult to judicial practice, there have been many similar cases from different courts ruling the opposite affect to the seriousness of the law, also cause a wide range of judicial circles controversial. Maintaining the marital relationship is largely dependent on whether the faithful husband and wife, no doubt, a sound legal system related to marital loyalty agreement is practical need, it has legitimate rights and interests conducive to protect spouse is conducive to marriage and family stability, and reduce the law lag the negative impact on social life.The thesis apart from introduction, is divided into four partsThe first part of the problem. The husband and wife in part by the two cases leads to loyalty agreements in judicial practice, the difficulties facing the court, because the lack of legal basis, all over the court recognized the validity of the couple are not loyal to the same protocol, resulting in a number of nearly identical cases have different judgments. What is the marital loyalty agreement? What is the nature of loyalty to the agreement? Faithful husband and wife legally binding agreement it? Faithful husband and wife how to improve the legislative agreement? These issues need careful analysis.The second part is an overview of marital loyalty agreement. Agreement described the concept of marital loyalty, types, characteristics, nature.Couples loyalty agreement, both husband and wife is on a voluntary basis of equality, through joint consultation, before marriage or after marriage, reached during the existence of the marriage the couple held each other honest intention, in writing fixed, and many more penalty or damages for breach of contract in the form of commitment to conclude the agreement. Common type of compensation loyalty agreements divorce, affair compensation type, empty bed compensation type, four types of love fund agreement.Loyalty to the agreement from the main body, the effective time, content, form, compensation of the main purpose of the six aspects of the characteristics of marital loyalty agreement. By the contractual nature of marriage leads to marital loyalty agreement is a contract features.The third part is the legal effect of marital loyalty agreement. First, the effectiveness of the agreement is invalid, said the couple loyal, effective, said a compromise that made the comb, while different views on the evaluation of academic analysis. Secondly, the author presented their views on the effectiveness of marital loyalty agreement and the reasons.The fourth part is to improve the legal system related to marital loyalty agreement proposal. The author proposes "to allow both spouses to agree on the duty of loyalty", "husband and wife should be clear as soon as possible the nature of duty of loyalty, unity of the Agreement of marital fidelity," "faithful husband and wife should be limited content of the agreement", "loyalty agreement is a husband and wife can be fair "," loyalty agreement perfect husband and wife violated the scope of damages, " five legal advice of loyalty agreement.