The Study Of The Legal Problems In The Couple’s Loyalty Agreement

The loyalty agreement reached between husband and wife is one that demands both parties agree to being loyal to each other, and if one party fails to perform this duty, he or she shall be obliged to pay compensation. This agreement comes as the phenomena widely surfaced like extramarital love and one-night stand and such.It details the obligations of being loyal and is usually regarded as a protective umbrella.However the existing Marriage Law hasn’t included the provisions about this agreement, which leads to disputes in practice.This dissertation mainly deals with three controversial issues in this agreement.This dissertation is divided in five parts, and is mainly analyzed through empirical approach, logical reasoning and research approach of literature. The first part is about analyzing cases, from three classical cases, three controversial issues are drawn, and then the crux of this agreement is generalized.The second part is about the basic theories of the agreement, the first of which is the analysis of the nature of the agreement---a contract including personal non-property relations which the whole dissertation is also based on, and the second of which discusses the reasons why the agreement comes into being and the effects of this agreement. The crux generalized in first part is respectively analyzed in third, fourth and fifth part. The third part draws a conclusion about how both parties shall effectively reach an agreement by analyzing the causes and effects of “not being loyal” commonly agreed on in the agreement.The fourth part expounds how to balance the disputes of rights in the agreement,respectively through the disputes between right to privacy and right to know,the disputes between power to make one’s own decision about sex and other rights.Also this part expounds the fact that the privacy right and the reputation right may be violated in the process of evidence collecting when one party conducts trying to prove the betrayal of the other party,and then reach a conclusion that the disputes of rights in the agreement can be solved in an effective way.The fifth part is that a conclusion can be drawn that the execution of the agreement in handling the divorce is lawful through analyzing the legal effects and execution of the agreement,but when both parties choose not to get a divorce,the couple’s joint property can’t be divided inside marriage under the existing Marriage Law,as a result,the marital tort system and the abnormal couples property system in foreign countries are referred to,so as to empower the agreement to have legal force and better protect the party fulfilling the obligations of loyalty.As was stated above, mapping out the disputes in the agreement can effectively address cases having to be dealt with without the legal basis, at the same time requires the Marriage Law in our country to perfect some relevant systems with the agreement, providing new methods for similar cases.