Discussion On The Effectiveness Of The Couple Loyalty Agreement

Love and marriage, like the life self, are rich and complex. Those men and women, some are stand together through storm and stress and grow old together, and some begin with a solemn pledge of love but end like birds flying in different directions. Almost everyone wish their marriages are happiness, but easier said than done, the phenomenon of extramarital affair is always difficult to be avoided. Thus, in order to ensure their love are not derailed, more and more couples sign a loyalty agreement, which some of "loyalty agreement", passing through the hall into the inner chamber, perform the notarization procedure. Therefore, according to the loyalty agreement, it is often seen that some couples make a claim and resort to the court. The court rulings are also inconsistent, some support loyalty agreement, some judge it is null and void, which causes a heat debate on the society and even no conclusion in jurisprudential circle so far. The purpose of this paper, based on two typical cases of couple loyalty agreement, tries to make some simple legal analysis of the effectiveness of a loyalty agreement.This article is divided into four parts:the first part selects two typical cases of couple loyalty agreement in recent years, in similar cases the court has made different judgments, leading to the necessity of research the effectiveness of couple loyalty agreement. The second part shows some different viewpoints of the effectiveness of loyalty agreements from domestic scholars, analyzes these points separately, and makes clear the effectiveness of the agreement. The third part elaborates the theoretical basis of the loyalty agreement from the concept and the nature of couple loyalty agreement, and analyzes the effectiveness and limitation of different types of loyalty agreement. The fourth part analyses the lack of legislation and legislative perfection of the loyalty duty in our country, and gives some legislative suggestions, considering that clear concept and connotation of the spouses rights from the legislation, add the rights of spouse, improve the matrimonial property system, and clear the standard and the scope of compensation, in order to maintain family stability and social harmony.