On The Legal Effect Of Marital Loyalty Agreement

Our country’s Marriage Law stipulated in article4’husband and wife should be loyal to each other, help each other, maintaining equality, harmonious and civilized marriage and family relations.’Marriage law in legislation form clear writing loyalty duty in law, makes the obligations between husband and wife loyalty not only in the moral regulation, and the provisions of the law. But the current for loyalty agreement is not clearly stipulated in the legislation. In practice, a lot of cases about husband and wife loyalty agreement appear constantly, the gap between theory and reality makes our study loyalty agreement problem is a very meaningful.This article embarks from the basic theory of the loyalty agreement, to study its connotation. Pointed out that the so-called’loyal agreement’ refers to both sides of husband and wife agreed negative duty of loyalty to each other during the duration of the marriage if one party breached the contract, shall pay to the other’liquidated damages’. It has the characteristics of identity, dominant and property, etc. Both sides of husband and wife for the sake of the stability of marriage, for their future marriage to buy an insurance, loyalty agreement, more and more types of protocols is becoming more and more popular. But we should see, the emergence of the loyalty agreement is not accidental, it has legal, sociological theory as the foundation. At present, the academic circle about whether the loyalty agreement this problem effectively, support and opposition point of view from different angles on the interpretation, but did not form a unified opinion. At the same time, there are different cases in the trial practice. The author agreed point of view. The third part of the article couple loyalty agreement effectiveness analysis. Marital loyalty agreement in essence is belong to a kind of bilateral civil legal act. If the litigant must be adequate, consistent and true meaning said, and sign a written agreement, in the case of not illegal and legal restrictions, then it should be admitted that the copy of agreement of husband and wife or some of its content has the force of law. The article fourth part couple loyalty agreement issues related to research, pointed out the loyalty agreement of husband and wife often have overlapping with other marriage and family law system, and puts forward some countermeasures to coordinate the system. The article fifth part is the core of the article, first of all pointed out the shortcomings of the current law, points out that the husband and wife the effectiveness of the loyalty agreement no determination, no-fault will face difficult problems of proof, marital loyalty agreement is not clearly, on this basis put forward the perfect Suggestions, namely clear couple loyalty agreement effectiveness, improve the standard of burden of proof, standard marital loyalty agreement, allowing the loyalty agreement notarized.