The "Spouse Bona Fide Contract" Effectiveness

In 2010, the Supreme Court unveiled the draft of"Judicial Interpretation of the Marriage Law (III)"in which how to decide the validity of spouse bona fide contract invites disputes and discussion among the judicial practice and academic circles of marriage law. In"Judicial Interpretation of the Marriage Law (III)"officially promulgated by the Supreme Court on August 12th, 2011, the controversial term about validity of spouse bona fide contract written in the draft has gone. However, in reality piles of spouse bona fide contracts in different forms keep surging. Courts and academic circles of marriage law each stick to their own opinions over the validity of this kind of contract signed by relevant parties in marriage. Against this backdrop,"Judicial Interpretation of the Marriage Law (III)"tactically avoids touching this topic. Therefore, it continues to be a dispute among the judicial practice and academic circles of marriage law about whether to include spouse bona fide contract in the law.The essay, based on real cases in judicial practice, studies and analyzes the phenomenon as signing spouse bona fide and the disputes in terms of practice and theories before giving out the author's own viewpoints. It also points out the setbacks and issues of the contract in real life and puts forwards some improvements, hoping to draw forth more able ideas.This essay has 20, 000 words and is divided into 4 parts. Introduction; this part focuses on the theoretical and practical significance of the topic, researches in this area by now and the characteristics of this essay.Part one brings out the real cases by introducing their origins, details, pleading of the client, allegation and the judgment.Part two starts to look at the key of the disputes and divergences of the parties in the cases as as to draw out the questions the essay will discuss.Part three is about reading through the contract. This part covers two aspects: first, defines the contract from a theoretical angle, introduces the types of the contract and then analyzes its nature. Second, decides the validity of the contract and gives a detailed illustration of its validity. This is the main body of the essay, which presents different interpretations of validity of the contract in judicial practice, lists the disputes over the contract and reasons for this in academic circle of marriage law, and then finalizes this part with the author's own viewpoints and analysis over the validity.Third, analyzes the systematic structure of the contract by introducing various contracts that violates the conditions for validity and summing up the conditions required for a valid contract. Fourth, the author puts forward some improvements to legislation and judicial practice in this regard from a theoretical angle.Part 4 is conclusion. This party gives a summary to the essay in terms of legal nexus of the cases and their liability assumptions.