On The Effectiveness Of The Couples Loyalty Agreement

Loyalty agreement has become one of the hot topic in our country's law,and because our country started to study on effect of loyalty agreement late,compared the social change rapidly changes,the law always has a certain lag,there are also some legal loopholes.Because the law of our country does not have the "loyalty agreement",the understanding of its nature and effect is not the same,which leads to the difficulties and confusion in the judicial application.In judicial practice,according to every kind of couples "loyalty agreement" and the request for damages in some cases,the court shall not be accepted,some court support requests,some court dismissed the petition,the different co contracting phenomenon have occurred.In the discussion of theory,is each according to his lights,so far there is no unified conclusion or the mainstream point of view.So far,the "loyalty agreement" in reality and the emergence of a large number of China's legal provisions on the blank,plus the theoretical controversy and treatment of judicial practice,to study this problem becomes very urgent and important.Therefore,I believe study on the effectiveness of the "loyalty agreement" will have to clear the connotation and effect of loyalty agreement,to provide reference for legislators to provide the basis for the judge,to provide guidance to people,but also can reduce the current practice in the court of "loyalty agreement" similar to a case trial results of different phenomenon.To promote China's socialist legal system construction,and speed up the construction of a socialist harmonious society in China the pace of.In the first case as a starting point,we put forward our country the current judicial practice in order to study the effect of the problems cited at home and abroad for marital loyalty agreement,which leads to the discussion of the issue below.This paper is divided into four parts.The first part is the question put forward.The necessity of the judgment in the judicial practice in the case of selecting two typical cases of representative leads to this argument.In the face of marital loyalty agreement disputes in law because of the lack of legal basis for the different people's court practice in such agreement validity leads to the results of different contracting.As a result,it leads to the analysis of the effectiveness of the loyalty agreement of husband and wife,and points out the nature,the purpose is to analyze how to effect the loyalty agreement.However,on the validity of the agreement of the husband and wife's loyalty,the court appeared a similar case but the phenomenon of contradictory results.Now,about what is thenature of loyalty agreement,whether the key problems appeared in different views in the law circle of our nation,with frequent reproduction in our daily life of the loyalty agreement,and increasing the court in such cases,to further define the marital loyalty agreement is valid,standard in the legislation and judicature.The second part is the analysis of the validity of the loyalty agreement of husband and wife.The first is the analysis on the validity of the agreement of loyalty agreement in our country,mainly to judge the nature of the agreement,and then discusses the current judgment of the validity of the agreement.Finally,the status of the effectiveness of the loyalty agreement of the couple in other countries and regions was analyzed.The third part is the legislative and judicial status of the validity of the loyalty agreement of husband and wife.The first is to introduce the present situation of our country about the validity of loyalty agreement,points out the lack of legislation and lack of other countries or regions,then the effectiveness of marital loyalty agreement provisions of legislative and judicial aspects of the analysis,in order to learn the related system of reasonable and effective and long-term accumulation of experience,to analyze the effect of loyalty agreement the.The fourth part is the specific recommendations of the couple loyalty agreement in practice.Recognize the legislative defects in our country,and finally put forward the tentative idea of the legal regulation of the loyalty agreement.