Research On The Validity Of The Connubial Loyalty Agreement

Nowadays, the divorce rate is increasing continuously. Because that the seductions out ofwedlock are all-pervasive, the sense of trust between husband and wife is weakened. In orderto keep a better relationship, couples tend to sign a connubial loyalty agreement to protecttheir marriage. Whether the connubial loyalty agreement can protect marriage is unknown.Discussion on connubial loyalty agreement is still unfolding. Different understanding of theessence and validity of connubial loyalty agreement leads to the phenomenon of differentjudgments in similar cases. The main content of this paper is the validity of connubial loyalty.The author analyzes the essence and validity of this agreement from various perspectives inorder to give some suggestions to future legislation and justice.The main body consists of4parts, about26,000characters.Chapter one raises a question that this paper intends to discuss. The author introducestwo cases with similar facts, but the two cases have different judgments. With the introduction,the author asks a question: whether the loyal contract has legal binding force.Chapter two analyzes the nature of connubial loyalty agreement. At first, the authordraws a conclusion that marriage is a contract to a certain degree from the analysis of wholeprocedures in a marriage. It is the base of the future exploration of the nature and validity ofconnubial loyalty agreement. And then, based on that the duty of loyalty is the legalization ofthe agreement, we may know that the nature of the connubial loyalty agreement is a contract.At last, the author explores the conditions that this agreement is valid.The Third chapter discusses validity of the connubial loyalty agreement. The authordiscusses its validity from personal relationship and property relationship these two aspects.Part four observes the legal issues in application. This part analyzes the legal issues inpractice such as whether the petition is based on a divorce petition, connubial loyaltyagreement can be notarized or not as well as how to deal with it when a petition for divorcedamages is presented at the same time.