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Efficacy Studies Couples Loyalty Agreement

Posted on:2014-11-06Degree:MasterType:Thesis
Country:ChinaCandidate:G XuFull Text:PDF
GTID:2266330401458330Subject:Law
Abstract/Summary:PDF Full Text Request
With the rate of divorce rising in recent years, it has been causing many social problems, such as the affair, adultery, cohabitation, and bigamy harm and so on. The cornerstone of marriage as an invisible killer also causes social unrest and condemnation. Couples faithful that marriage should be, also is the foundation of a stable marriage, based on considerations of loyal and stable marriage between the parties on the basis of equal consultation, autonomy. Couples sign a’husband and wife faithful’as the core obligations of loyalty agreement, attempt to protect the marriage with this paper and punish the person who is not loyal in marriage. The event of the agreement will generate corresponding responsibility not loyal behavior, if one party does not wish to fulfill the responsibility and bear the consequences, he may be involved in a dispute and appealed to the court, then the result will be that a husband and wife loyalty agreement will cause the decision problem of the effectiveness.Our country "marriage law" article4the "husband and wife should be faithful to each other" principle, a general, advocacy, and the supreme people’s court on the applicable marriage law of the People’s Republic of China>(a)"the explanation of some issues specified in article3:" the only based on marriage law article4a lawsuit, the people’s court shall not accept; If it has been accepted, rejected prosecution." It will against the obligation of fidelity to the husband and wife behavior out of the court, for the affair, adultery and violation of duty of loyalty and not reached "marriage law" of the circumstances specified in article46is helpless, the reality based on the violation of the faithful duty of husband and wife and damage on one side is difficult to obtain smooth and effective legal relief, and even cause the judicial relief of confusion, contradictions, embarrassed. e the marriage rights are violated, marriage parties under the premise of voluntary, equalityIn order to ensure the husband and wife loyalty agreement, trying to make up for a lack of legislation and judicial relief, the subject of legal relief way, meaning said true, no damage to the nation’s collective and the interests of a third person, also does not violate, disgraceful consideration its effectiveness which only focus on loyalty agreement and form the specific content of the husband and wife is legal. Couples involved loyalty agreement in terms of its content can be divided into personal relationship and property relationship and both personal and property relationship, is loyal to the husband and wife agreement binding on the judgement of should be depending on the specific situation, to decide under current law framework. Due to the particularity of husband and wife loyalty agreement, also has special requirements for the form, easy operability in practice. Husband and wife loyalty agreement needs to be further perfect our country marriage law and its interpretation to ensure its utility in real life, in order to better safeguard the legitimate rights and interests of the parties to a marriage, ensuring stable marriage, family harmony, social harmony.
Keywords/Search Tags:Husband and wife’s loyalty agreement, Effectiveness, Personalrelationship, Property relationship
PDF Full Text Request
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