On The Couple Loyalty Agreement

Along with current economic society development, people’s marriage morality also inunceasingly changes. For the marital increase security weights, prevents or avoids thehusband and wife both sides affair well the appearance, more and more many people start tosign the husband and wife loyal agreement, safeguards marital the stability and the permanent.This article studies to the husband and wife loyal agreement, the article divides into followingfour parts approximately:The first part is to the couple loyalty agreement brief outline, mainly has analyzed thecouple loyalty agreement concept as well as the type division. The couple loyalty agreementis husband and wife both sides by the equal voluntary consultation way, after marriage tiesestablishment or, through the real meaning indicated achieves both sides lasts the period inthe marriage ties mutually to take the husband and wife faithful duty the agreement, violatesthe agreement side usually undertakes the violation responsibility fundamental mode by thepenalty or the indemnity achievement, and gets down fixedly by the written form theagreement which concludes. Different mainly may divide into the person loyal agreement, theproperty loyal agreement as well as the concurrently person according to the agreementcontent and the property loyal agreement.The second part is the husband and wife faithful duty and the loyal agreement research,this part mainly is from to the faithful voluntary implication and nature analysis obtaining,then the elaboration faithful duty and the loyal agreement relations, for as follows loyalagreement nature determined carries on the upholstery. In addition, this part also has carriedon certain introduction to the Chinese and foreign about the faithful voluntary evolution andthe development, through gets up early to the mainland legal system and the British andAmerican legal system about the faithful voluntary correlation stipulation inspection, as wellas our country may see the early various countries about the faithful voluntary correlationstipulation evolution and the development loyally to have authority generally to the female isstrict in the man, but along with the time unceasing development, overseas stipulated gradually the female enjoys the same level spouse power with the man. Based on socialcondition different and legislation technical level limit, in1980our country "Marriage law"has not been clear about between husband’s and wife’s faithful duty, when in2001"Marriagelaw" revised to1980only then joins the husband and wife faithful duty, pointed out faithfulduty explicitly between husband’s and wife’s for the husband and wife both sides legal rightsand obligations.The third part mainly is to the couple loyalty agreement legal effect research. The currentour country legal science main existence said, mediates the potency effectively to treat invalidasserts three theories. This part introduced the theory rested on and elaborated author’sviewpoint, namely thought the couple loyalty agreement was in the husband and wife bothsides meaning expression consistent foundation the voluntary sign, did not violate the legalrule, did not violate other people legitimate rights and interests and the social public interest,has not violated the male foreword to be vulgar, and should regard as effective can obtain thelegal approval and the protection, and has carried on certain proof.The fourth part to couple loyalty agreement in legislation and judicial practice aspectsuggestion. In the legislation aspect, first needs in the marriage law to determine husband andwife both sides have the independent agreement faithful duty right, and is clear about thehusband and wife faithful duty the nature, in order to unify to loyal agreement potencyrecognizing; Next, determined the loyal agreement turns over to the responsibility principlefor the mistake responsibility principle, guarantees the fair realization to a certain extent.Finally allows to the loyal agreement to carry on the notarization, because and the loyalagreement initiation dispute must one and mentions with the divorce lawsuit. In the judicialpractice aspect, mainly was from the main body, the object, the meaning autonomous as wellas the suitable limit compensation amount aspect has given some correlation suggestion.