The Judicial Notice Of On The Loyalty Agreement Between Husband And Wife

With the continue change of the social,The relationship of marriage from past economic community and the motivation and purpose of the concept of procreation to meet the requirement of the expression between husband and wife's affection. Anyone doesn't like the destroy of negative factor from the third woman.In order to maintain the marriage ,the couple signing the Couple Loyalty agreement. Stopping the extramarital affair,and set up the responsibility for breach of contract .In order to warn the couple what will destroy the harmonious marriage , There will have certain deterrence and prevention influence on dishonesty behavior between the couple.The marriage law is part of the civil law, in accordance with the principle of the autonomy of private law,our laws and regulations aren't explicitly stipulated that both parties agreed on equal loyalty is prohibited.As long as both sides in the case of equality,voluntary express their true wishes,It's not only protect third-party rights, but also standardize the ethos.The couple loyalty agreement is finding the right balance between civil liberties and legal order.It offers better legal advice and legal protection for the expanding of the couple loyalty duty. This essay is from the viewpoint of justice line,seek the cognitive confusion of couple loyalty agreement in the current judicial practice,analyze the social causes and real need of couple loyalty agreement, and the misunderstanding of public to the agreement.At the same time,collect our country existing trial cases which were analysed and summarized. Refined appearance of trial practice to the judicial cognition degree of couple loyalty agreement. And some legal issues which will be solve in the judicial practice, combined with domestic and foreign advanced experience,based on our country on the basis of the existing state of the union.Disscuss a series of corresponding measures in view of the current judicial practice problem which need to be solve urgently.Such as from the requirements of judicial confirmation, the perfection of the burden of proof, limit of liability for breach of contract and liability,the perfect notary system ,the perfection of the legal system and the perfection of judges' power of discretion which need to be analyze carefully.Fill the blank of the corresponding applicable law in the judicial practice field.Strive to provide a more realistic guidance for justice.