| In recent years, since the first case of loyalty agreement has been judged, the nature and the effect of it are still in dispute. The legal effect of the couples loyalty agreements has been the public and the academic controversy.In this article, normative analysis methods, documentary research methods are used in order to make clear of the foundation and current legal protection of loyalty agreement. Meanwhile, I’ll give a comprehensive analysis of the legal nature and effectiveness of the couples loyalty agreement This article is divided into five parts. Chapter1is Introduction. Through the elaboration of a few typical cases, summarize and analyze recent judicial practice related subjects such as marital loyalty agreement processing results. And this part introduces the research background and practical significance of this article. Chapter2will study the basic questions of the couples loyalty duty and couples loyalty agreement. Start with the right of spouse to discuss the duty of loyalty is one of the spouses right. And then compare China’s mainland, Hong Kong, Macao and Taiwan regions and foreign law, to find that this region and the Western countries are generally recognized marital duty of loyalty and the relevant legal provisions. Through analyzing different points of view of Chinese scholars on couple loyalty agreement effectiveness, I have a clear idea of this. And then I briefly introduced the concept of the agreement and several main types of couple loyalty agreement. Chapter3is the main part of this article.This part focuses on the legal effect of the couples loyalty agreement. Chapter4is about liability of violation for loyalty agreement. Liability of violation for loyalty agreement is contractual obligations. Then I’ll introduce the concurrence of contractual obligations and tort obligations. Chapter5is the conclusion, is mainly a summary of the full article. At last, I’ll give a few recommendations in the practical problems of loyalty agreement in reality. |
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