On The Effectiveness Of The Couples Loyalty Agreement

With the rapid development of social economy and the continuous improvement of living standards, People’s concept of love、marriage and family values is constantly changing,the divorce rate is raising,the couple’s sense of insecurity is also surging.The"loyalty agreement" which is signed by the couple before or after marriage is used to meet couple’s so-called sense of security, and to protect the legitimate rights and interests of the observant party after divorce,this kind of manner is uesd by more and more couples.However,the courts have the different judgements about the same kind of cases which involves the effectiveness of the couple’s loyalty agreement. Currently, jurisprudential circle of our contury has different viewpoints about the character and effectiveness of loyalty agreement and other important problems, with the objective existence of couple’s loyalty agreements in real life,this kind of case is increasing continuously in the court,the effectiveness of loyalty agreement should be further to clear on the legislative and judicial standard.In this paper,the concept of couple’s loyalty agreement is brought in and the concept of couple’s character is indicated by the cases, to analyse the difference between the different kind of loyalty agreement.Clearing the legal form and content of the couple’s loyalty agreement to make the loyalty agreement as a feasible implement to pursue the marriage legal value.This paper is divided into four parts expect the introduction and conclusion.In the first part,by analysing the cases,the concept and types of the couple’s loyalty agreement is indicated,and point out that the loyalty agreements exist in today’s society extensively.Because of the courts have the different judgements about the same kind of cases which involves the effectiveness of the couple’s loyalty agreement, it needs further to study and solve the problem of identifying the effectiveness of the couple’s loyalty agreement.The second part is divided into domestic and foreign scholars on the loyalty agreements between husband and wife effectiveness of different judgments.Generally, Western countries treat marriage as a civil contract, so loyalty agreement in western countries is deemed effective and widely exists. Through the comparison with foreign countries,to use the reasonable and effective system and experience for reference and to analyse effectiveness of the couple’s loyalty agreement.In the third part,by analysing the character of the couple’s loyalty agreement to identify its effectiveness. To clarify the couple loyalty agreement has legal characteristics of contract, from the content point of view,it doesn’t belong to the identity protocol but the relative legal relationship,violation of the duty of loyalty is in breach of contract, it is the protection of the weak, In order to clear the couple’s loyalty agreement is valid agreement.The fourth part refers to the legal significance and judicial application of the couple’s loyalty agreement.Firstly,analysing significance of the couple’s loyalty agreement on legal and judicial standard,secondly,I will put forward to some suggestions about the couple’s loyalty agreement legally effective elements and the application in the judicial practice.