The Research Of The Effectiveness Of The Couple Loyalty Agreement

Couple loyalty agreement can be described as a new contract with the social development arising, the main purpose of which is to maintain the marriage produced stability. China’s "Marriage Law" Article 4: Draft. "Husband and wife shall be faithful to and respect each other." But for the couple loyalty agreement in China’s "Marriage Law" has not been clearly defined in China’s "Marriage Law interpretation(c)" During the discussion, the beginning of the draft had been considered for this contract Court should recognize its legal effect, that the Court should support the "agree to sign does not violate laws, regulations, prohibitions," the couple loyalty agreement, later changed to "spouse or to marriage the two sides signed the marriage mutually faithful, in violation of the agreement compensable property rights advocates, the court inadmissible; already accepted, the court rejected the prosecution, " but in the final draft of the official but completely delete the provisions, the couple chose silence loyalty agreement attitude Supreme loyalty agreement this change in attitude, and "marriage" of duty of loyalty, loyalty agreement resulting lack of clear rules of the court in the judicial practice in the case of loyalty agreement co-contracting different phenomena, which also caused scholars couple loyalty agreement legally binding widespread debate.In this paper, the couple hopes to be loyal to the effectiveness of the agreement, analyzes and disputes between the theoretical basis for its existence, and came to the property the couple loyalty shall be effective, personal loyalty agreement between husband and wife should be invalid conclusions. In recognition of marital property on the basis of loyalty to the validity of the agreement, the couple will our loyalty agreement on the effectiveness of the legislative and judicial deficiencies exist in the analysis, and ultimately make their own perfect proposal. The couple hopes to analyze the effectiveness of loyalty agreement from theory and practice to provide advice to resolve judicial co-existence of different phenomena sentence, judges correctly identify marital loyalty agreement effectiveness to help.The first part is the introduction marital loyalty agreement, which is the first part of the concept of marital loyalty agreements to define and analyze its legal nature. Secondly, the effectiveness of marital loyalty agreement was concluded on the theoretical and practical debate about the effectiveness of marital loyalty agreement to inspect, draw their own opinions couple loyalty agreement shall be effective, and it should have elaborated effective constituent elements. Finally, the couple demonstrate loyalty agreement should be effectively theoretical basis. The second part is the effect of the presence of the couple loyalty agreement in the legislative and practical problems, change part of Tondo couple loyalty agreement to analyze the effectiveness of the current situation in our legislation and practice, summed up the status quo on the basis of their current existence to find out the main problem. The third part is the extraterritorial provisions of the relevant laws and legislative practice study, which is part of the investigation and analysis carried out by major foreign countries relevant legal provisions on marital loyalty agreement effectiveness and, ultimately, the future of our country come to some reference or useful inspiration. The fourth part is the effectiveness of marital loyalty agreement Legislation and judicial response, this part is to provide recommendations to improve our own marital loyalty agreement on the effectiveness of the presence of deficiencies in the judicial and legislative problems, we hope to make recommendations for the improvement of solve marital loyalty agreement effectiveness to help better ensure the fairness and justice of the law, to ensure that couples can defend their rights through loyalty agreement to ensure the stability of marriage.