Analyze The Effectiveness Of The The Marital Loyalty Agreement

That spouses should be faithful to each other has been stipulated in MarriageLaw of the PRC. At the same time, more and more couples sign the marital loyaltyagreement which is one form of private relief. Due to the fact that there is no clearappropriate basis for it in Chinese laws, the marital loyalty agreement has sparkedwidespread controversy. Many issues such as what’s the nature and effectiveness ofsuch agreement and how to apply it in judicial practice are yet to be further explored.Based on certain examples, the author adopts the method of combining theorywith practice to put forward its own views on the basic theory and effectiveness ofloyalty agreement. What’s more, the author explores the effectiveness of the loyaltyagreement in order to get feedback effect.This article consists of20000words in all, which can be divided into five parts.The problem is put forward in the first part. The author chooses threerepresentative cases to draw out the necessity of argument. In the face of loyaltyagreement dispute, the court has different identifications frequently in judicial practicedue to the lack of corresponding legal basis.The second part is the definition of the marital loyalty agreement. The authordiscusses the duty of loyalty between couples and then put forward the basic meaningof the marital loyalty agreement.The third part is the effectiveness of the marital loyalty agreement. The authordraws a conclusion that the loyalty agreement is null or void from different points ofview about it and analyses the reasons to support his claims. What’s more, the authormakes an evaluation that the marital loyalty agreement should be effective by refutingthe view of the other.The fourth part is the effective elements of the marital loyalty agreement. Theauthor sets forth the effective elements of the marital loyalty agreement based on therelated theory of the civil behavior which includes eligible subject, real intention,content conforming to the provisions of the laws and regulations and formality requirements that the agreement shall be made in written form or pass notarization.The fifth part is the conclusion and revelation of this research. Summarize thefull text and put forward the corresponding improvement requirements on issues ofloyalty agreement for the legislative and judicial departments.