Legal Research On The Agreement Of Connubial Loyalty

In recent years, numerous "loyalty agreement" cases have appeared all around. The so-called "loyalty agreement" is both sides of the couple who agreed scrupulously to abide the loyal obligation without extramarital sex. Anyone who violate the agreement,the fault will compensates economic compensation to the no-fault party. As ten years passed after the first "loyalty agreement" compensation case which heard by Minhang Court in Shanghai,but the results of similar cases are variety. This paper tries to find out and analyses the points through studying the case under the existing law, which may supply some help to juridical practice.This paper proceeds as follows:text and conclusion. As for the text,it consists of three chapters.Chapter one includes the case introduction and the points. Through a general introduction of Minhang Case and other two similar cases, summarizing and comparing the points for the following analysis.Chapter two is the analysis of the points, making a concrete analysis of concrete points which includs these four, such as whether the spouses could engage the loyal obligation under contract which has been provides by The Marriage Law of China,the nature of the property provided by the agreement,the efficiency of the contract and the feasibility.Chapter three provides suggestions on settling similar cases,including giving a specification to such cases,perfecting the legislation and judicial intertation.