On The Couple Loyalty Agreement

With the rapid development of the economy,the divorce rate in China has been going up for years.Having extramarital affairs with other members of the opposite sex is the leading cause of marital breakdown.Beautiful oath does not guarantee that both sides forever,more and more young couples by way of husband and wife loyalty agreement to defend their own love and marriage,encourage each other to perform the duty of loyalty and can get the reassurance of property rights when betrayed.The author as a breakthrough point,from the two case is roughly same,but the court trial result is the opposite of a classic case,which leads to the theoretical circle and judicial circle in our country for agreements have debated whether effective,inductive disputes,it is concluded that the main reason for the similar case different decision lies in the lack of legislation.This paper adopted the method of combining theory and practice both couple loyalty agreement the concept,nature and effectiveness are analyzed,and the husband and wife loyalty agreement on the problems existing in the practice of put forward the solution,finally,the husband and wife loyalty agreement related institutional defects which discusses and puts forward some Suggestions to perfect the legislation.In general,the body is divided into four parts.The first part: two case similar to the decision,but get the opposite,which lead to disputes,namely the nature of the couple loyalty agreement indistinct definition and efficacy.The second part: the theoretical analysis of the marital fidelity agreement.First explained in detail the meaning of loyalty,have broad sense and narrow sense,and the foothold of duty of loyalty to a deep analysis,secondly,the author points out that the husband and wife loyalty agreement is the nature of private law,the spirit of private law autonomy.Then,I analyzed the effective requirement of the loyalty agreement.Finally,the author analyzes the effectiveness of the loyalty agreement from both the personal and the property part.The third part: the problems and solutions that exist in practice.On the one hand,it is more advantageous to protect the lawful rights and interests of the victimized spouse and to uphold judicial justice.About the husband and wife loyalty agreement,on the other hand,a period for exercising,and divorce damage compensation but knowing how to deal with,and to lower the standard of proof used to solve thedifficulty of proof and so on.Part fourth part: establish and perfect the system that is related to the marital loyalty agreement.First,the legislation recognizes the effectiveness of the couple's loyalty agreements,and establishes a system of disputes.Second,our country at present the majority of couples are common property system of husband and wife,set up special property system of husband and wife and bond certificate system is to solve the "left pocket into the right pocket" embarrassed problem effectively.There is also a notarial agreement on the loyalty of couples and the content and form of the couple.Finally,some suggestions are put forward for the defects in the compensation system for divorce.