The Effectiveness Of The Divorce Agreement Before Litigation

Before litigation divorce agreement is both sides of husband and wife in marital relations reached during the existence conditions of the agreement for divorce law fact appears.This agreement is to solve the problem how to divide the joint property,children and debt repayment problems for conventions and production,the ultimate goal is to dissolve the marriage relationship.Is just the time this agreement is before litigation,but also did not through the marriage registration institution registration confirmation.Because our country current relevant laws and regulations of the provisions of the divorce agreement before litigation too principle,cause of law theory and judicial practice to the nature of the divorce agreement before litigation and the effectiveness of that there are many disputes,which caused the confusion of its operation in the applicable law and practice.For the nature of the divorce agreement before litigation,academic knowledge is differ,the typical civil contract "hybrid","single involving the identity relationship agreement" and "conditional civil agreement" three kinds of theories,the author through the analysis of the legal nature of the divorce agreement before litigation,thinks the nature of the divorce agreement before litigation is different with general civil agreement,before litigation divorce agreement shall belong to the category of conditional civil agreement,and conditional civil agreement in effect that belongs to the conditional civil juristic ACTS.To the problem of the effectiveness of the divorce agreement before litigation that academia is still the larger differences,mainly by "invalid theory","theory",and "appropriate reference theory" three point of view is given priority to,the author based on the detailed analysis of the above three kinds of academic point of view,think in the divorce agreement before litigation effectiveness of exist of problem.And through the detailed analysis of the requirements before litigation divorce agreement takes effect,confirmed the effectiveness of elements.Finally,in view of the current law of divorce agreement before litigation validity cognizance of problems,from clear to divorce agreement before litigation law and specific specification before litigation divorce agreement to the terms and conditions of the two aspects of the legislative Suggestions to perfect the system of divorce agreement in our country's marriage law.