Analysis Of Marital Loyalty Agreement Validity

In the rapid development of modern society,the failure of marriagement appears unavoidably,as we all know'marriagement is not only the foundation of family,but also is the foundation of the social stability.To be stable,more and more couple tends to make a loyal agreement before marriagement.Overall,this paper will be divided into four aspects:In the first part,you'll see the definition and form of a loyal agreement before marriagement. Firstly,it summarizes the content of the agreement in the law,defines the theme of our discussion;secondly,it cites the understanding and attitude towards the agreement from the justice department who decides the real cases.The second part analyses the efficiency of the agreement. it tells the writer's understanding of the identity relationship between husband and wife in the agreement as well as the difference between the agreement signed in this identity relationship and the agreement signed by business subjects. Then,we'll survey the theoretic pivots of the loyal agreement before marriagement form the legal value perpective .The third part will discuss the theories and judges about the force of the agreement. it mainly tells several theories about the force of the agreement,including the theories in comparative jurisprudence. The writer tries to analyse the foundations and defects of all these theories,in order to support minds for the later judicial amendment .The forth part discuss the judicial amendment of the loyal agreement. It tries to find the method for the judicial amendment,including the reason and limit for the amendment.From the above,because of the different attitude towards the nature and judgement of the loyal agreement in the legislation and judicial practice,it is necessary to Classify,integrate,analysis and observate these agreements to define the nature,in order to provide right reference for these dispute cases.