Effect Of Loyalty Agreement

Case of couples loyalty agreements in recent years has benen widespread concern of the judiciary and academia,and discuss the same agreement in different courts tend to come to a different verdict.July4,2011,the Judicial Committee of the Supreme People’s Court after repeated comments,and constantly modify the sound premise,released a number of issue of interpretation of the<Marriage Law of the People’s Republic of China>,the provisions of Ssectionl4increase aloyalty agreement validity of the content.the effectiveness of the "loyalty agreement" in the end of the judicial practice how to identify it,China’s Marriage Llaw Scholars are holding a mixed,and some completely agree with,and some strongly opposed,and the reasons are explained from different angles,a matter of opinion,no agreement,I for these two views held opinion is not entirely infavor of and against the next speaking specifically explain its reasons.This paper is structured as follows:Chapter Ⅰ try to start from two typical cases, a legal support couples loyalty agreement, in addition,an agreement has not been supported by law, which is not difficult to see, in judicial practice,different cases may be fullydifferent verdict,for this situation, try to analyze related reasons,correspondingproblem.The second chapter describes the couple’s loyanlty agreement,stated meaning,as well as it has a nature,features and classification. The couple "loyalty Agreement arrangements made by men and women all parties in a completely free will of the premise,without any coercion, the rights of party,the other party therefore assumed obligations, It contains property, but not through the transaction circulation to achieve,and therefore is a special kind of contract.The third chapter is the effectineness of the loyalty agreement, stage two representative viewpoint is said valid and invalid,but I believe that the couple "loyalty agreemenf" should not be the system ineffective or effective,should specfic condtions,according to the different types to determine its effectiveness. Such as the effectiveness of the agreement of the property,the effectiveness of the physical protocol aswell as the effectiveness of both personal and property agreements.Chapter IV is the legal regulation of the couples loyalty agreement,the legislation of the effects of civil and common law countries,put forward the deficiencies of our current laws,and thus proposed legislative and judicial aspects of the proposal,such as the expansion of the damages the main specification evidence collected.granting judges discretion,in order to better improve our laws.