Analysis The Case Of Wang Zhiqi And Li Huihui’s Faithful Agreement

In recent years the cases of Couples’s loyal agreements are more and more, however the judgments of each court in such cases are not identical. Some scholars claim the validity of the agreement shall be admitted; some contend them will not be admitted. Therefore, this article takes the of case Wang Zhiqi and Li Huihui’s faithful agreement as an example, to analysis the validity of the agreement.There are two major kinds of the mainstream views, affirmation view and negation view. One of the reasons of scholars think the loyal agreement is availably is admitting the validity of the agreement is the purpose of the marriage law; the other one is concluding faithful agreement is legal act. The reasons of scholars think the loyal agreement is invalid are that signing faithful agreement is not legal act; the duty is not a moral obligation, but legal obligations; admitting the validity of the faithful agreement will violate persons’ freedom and privacy.The author thinks that the validity of the agreement shall be admitted. Through verification, the essence of marriage is contract, faithful obligations is legal obligations, and concludes that faithful to the agreement is the embodiment of the faithful obligations to show that the faithful agreement is contract, consistent with the legal behavior of the elements of the effect. Finally, the author put forward some legislative and judicial proposal. The author suggests that specific provision with spouse right between spouses should be clear and definite, the reasons of divorce compensation should be more than before, in the judicial practice admitted that the validity of the faithful agreement.