Research On The Legal Effect Of The Marital Loyalty Agreement

In recent years, it has been a hot topic in the legal academic circle and practice circle that the discussion about legal effect of couple loyalty agreement, not merely because of the change of the traditional, which is afraid of sex, the more important reason is that the development of Chinese value of marriage, based on this, couples are paying more attention to their own rights in marriages. Facing the rate of divorce higher and higher, a variety of divorce cases and loyalty agreement, it is need to revise the law in time which can adjust the relationship of marriage and family.However, because of the inherent limitation of law at present, this kind of cases which about couple loyalty agreement have been a complicated problem in juridical practice of the courts in all areas, and there are many same cases got different judgments. There is not a unified standard in the academic. From the source of the appearance of the couple loyalty agreement, the essence of marriage, the law theory of couple loyalty agreement will be analyzed in this paper, further more, the legislative authority of couple loyalty agreement will be consulted in the laws and regulations of each department.The paper is divided into four parts:The first part of the paper, the focus of controversy is led by a dispute case of couple loyalty agreement, the dispute is if the couple loyalty agreement has the legal effect, then the couple loyalty agreement will be legal defined and classified.In the second part of the paper, the domestic views of research of the couple loyalty agreement and the international research status of effect of couple loyalty agreement are listed. On the basis of this, the essence of the couple loyalty agreement is contract can be concluded, and because of this, the couple loyalty agreement is fit to contract law.In the third part of the paper, the current domestic legislative authority for the effect of couple loyalty agreement is mainly analyzed, to support the validity of couple loyalty agreement from the "marriage law", "contract law", "general principles of civil law" and the "constitution" separately. Further more, the meaning of existence of couple loyalty agreement is analyzed on the concept of ethic, which is the essence of marriage and the development of modern people’s values on marriage.In the fourth part of the paper, some limitations of couple loyalty agreement which is under the current legislative and judicial system are listed. To improve couple loyalty agreement, comprehensive suggestions are put forward.