On The Legal Validity Of Couple’s Loyalty Agreement

In recent years,with the development of economic and the change of social concept, extramarital affairs happen more generally, which affect the harmony and stability of marriage seriously.At the same time,as people’s consciousness of right enhanceing,many couples choose to sign a loyalty agreement in the face of trust crisis of each other,in order to bind their spouses to perform the duty of loyalty and maintain the purity and stability of their marriage.However,as the existing law does not clearly defined on the couple loyalty agreement,judges lack basis of unified as legal standard in the process of deciding a case,which lead to different judgments about the case.As to theoretical circle,different people have different views.Discussion focuses on the validity of loyalty agreement,mainly including three kinds of views:valid,invalid,distinguish between personal relation and property relation to identify.To judge loyalty agreement’s validity,the difficulty lies in whether we can find a basis for claim on the law.According to the feature of identity,behavior characteristics,the function of agreed damages,applicable law can be the marriage law,contract law,the tort liability law.But none of these laws provide a clear regulation,so how to apply laws become a really thorny problem for judges when dealing with this kind of case.In my opinion,the loyalty agreement totally comply with the fifty-fifth article of the “general rules of the civil law”about the validity elements of civil juristic act.From the content of the loyalty agreement,it’s a specific performance of legal faithful duty of husband and wife,and it’s also a self-help approach taken by the parties to the marriage.According to the principle of autonomy,the law should respect the will of the parties and approve the validity of loyalty agreement.Meanwhile,considering the identity and ethics feature of the relationship of marriage,also the secretive of sexual behavior,there must be a more rigorous legal system construction,to guide the citizens to safeguard their own rights and interests legally and rationally.Moreover,we should be cautious with the commercialization of marriage benefits and infringement of citizen right of privacy.Beginning with several cases and basing on the existing research of predecessors,this paper try to comb the points of friction related to loyalty agreement, then analyse the knotty problem of its applicable law and find the foundation of right claim affirming its legal effect.After then,it mainly analyzes from five aspects to demonstrate its validity:the essence of monogamy system requirements,recognition tendency of legal about identity of marriage contract,the importance of spouse right,not involving violations of basic human rights and the effective solution of the conflict with privacy rights.At last,the author try to do something with the judicial practice and give her suggestions,in the light of loyalty agreement implementation problems,like whether to divorce as a precondition, how to avoid the invasion of privacy,and how to identify when the agreed amout is too high.