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On The Marital Loyalty Agreement

Posted on:2016-10-18Degree:MasterType:Thesis
Country:ChinaCandidate:S S XuFull Text:PDF
GTID:2296330470467084Subject:Law
Abstract/Summary:PDF Full Text Request
With the continuous development of social economy and the improvement of people’s living standard,People’s view on marriage has undergone a tremendous change.People has been difficult to constraint relationship of mutual loyalty rely on ethics only. And there have been massive breach of duty of loyalty phenomenon. Because people have different views on the marital loyalty agreement and the law does not clearly defined, leading to the judicial organ dispute often helpless in the face of marital loyalty agreement. The author thinks that this kind of agreement is a new method to solve the problem of the marital loyalty, we should clear legal effect of marital loyalty agreement and make up the shortage of the current "marriage law".This paper is divided into four parts.The first part introduces the basic issues of marital loyalty agreement, Primarily concerned the concept, characteristics, classification and properties of marital loyalty agreement. Laying the groundwork for the discussion below.The second part introduces the two kinds of main theories of marital loyalty agreement in the academic circles and summarizes these two theories. The author also analyzes the effect of some common marital loyalty agreement in terms of real life,The author thinks that the terms marital loyalty agreements involving personal relationships should be recognized as invalid provision,involving property relationship should be recognized as valid terms in the general case.The third part focuses on the justifications that marital loyalty agreement should be regulated by legislation. Loyalty duty is a kind of legal obligation. The weak side of marriage and family life need legal protection. Couples autonomy is a basic requirement of modern marriage. The legal defect of marital loyalty agreement regulation still exists.So the marital loyalty agreement should be regulate by legislation.The fourth part, The author tries to puts forward some suggestions of legislation to perfect our country marital loyalty agreement system base on above discussion. We should establishe the loyalty duty as a legal obligation, clear the effective elements of marital loyalty agreement to make up for the lack of the law in the regulation of marital loyalty agreement problems.
Keywords/Search Tags:marital, loyalty agreement, perfecting the legislation
PDF Full Text Request
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