On Legal Validity Of Marriage "Loyalty Agreement"

Marriage is built on loyalty, based on trust to live together for the combination of both men and women, this should be happy, but a variety of marital crisis in real life, make people to seek various ways to maintain the relationship of marriage or to protect their own interests, marital"loyalty agreement" this unique the marriage agreement will emerge as the times require. Marital "loyalty agreement" on the basis of the generation, has brought many new problems and challenges to the existing judicial practice, in the theory circle has aroused heated discussion, but at this stage of China’s laws and have no concept of the protocol, characteristics, legal issues such as the clear legal provisions,in practice, only in accordance with the relevant legal provisions of existing rules, combined with the fact of circumstances, to make judgments, resulting in different fruit of our colleagues, also makes the marital "loyalty agreement" controversy more intense. Marriage is protected by law, any person not because of their interests, hobbies, on a whim and arbitrary trample, hurt, marital "loyalty agreement" that is intended to protect the legitimate interests of the marriage and their agreement, should be protected by law.This paper covers a total of four parts, the author issues related to marital "loyalty agreement" were put forward their views.The first part is "overview of marital loyalty agreement". The marital "loyalty agreement" of the concept, characteristics, nature, content and form. At present, the marital "loyalty agreement" has no clear legal concept, but a general explanation for marital "loyalty agreement" has been generally accepted by the society. Marital "loyalty agreement" with special subject, object, content of special autonomy, special features. Marital "loyalty agreement" with "contract law" elements and elements, in accordance with the "contract law" of the people’s Republic of China to handle. Marital "loyalty agreement" in the content has specific requirements, to the law, in the form of a different form of expression and content based on the different and the formation of different types of protocol.The second part is the marital "loyalty agreement" effectiveness. Marital "loyalty agreement" in the determination of validity are different points of view analysis, known about the effect of marital "loyalty agreement" is the main:invalid, effective said, the compromise. The author believes that in the absence of specific "loyalty agreement" in the marriage law, marital "loyalty agreement" if the premise is not in violation of the provisions of the relevant laws and social public order and good customs, the specific content of the agreement, legal, should be identified is lawful and valid, shall be subject to the protection of the law, in order to achieve its legal effect.The third part is the problems within marriage "loyalty agreement" legal implementation faces. The author believes that China’s judicial system is not perfect, imperfect laws and regulations, the marital "loyalty agreement" is facing many problems, including:marital "loyalty agreement" can not be a law, the legal effect is difficult to achieve; procedural difficulties, the proceedings to be perfect; legal problems within marriage "loyalty agreement" involving property relationship highlights; marital "loyalty agreement" action from the lawsuit of divorce damage compensation; marital "loyalty agreement" of legal effect are system obstacles.The fourth part is the marital "loyalty agreement" legal and institutional guarantee. The author thinks that this form should the controversial within marriage "loyalty agreement" provides a more comprehensive legal and institutional guarantee, concrete. From the legislative level specification within marriage "loyalty agreement", strengthen the marital "loyalty agreement" of the security system, and strengthen the punishment in violation of marital "loyalty agreement", expand the marriage law protects the marital relationship, strengthening the criminal legislation on marital "loyalty agreement" to protect.