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A Study On Several Problems Of Connubial Loyalty Agreement

Posted on:2018-07-09Degree:MasterType:Thesis
Country:ChinaCandidate:X TangFull Text:PDF
GTID:2346330518462942Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
In recent years,a lot of social news about conjugal infidelities undermines people's good expectations for a happy and harmonious family.In order to better safeguard their legitimate rights and interestsand improve marriage security,more and more couples choose to sign a"Connubial Loyalty Agreement" to maintain the stability of the spousal relationship.However,as the living law of our country lacks the relevant rules of the connubial loyalty agreement,it becomes one of the most complicated issues in the Family Law.Whether in academia or in the judicial circle,various professional pundits could not have an agreement on the definition of its nature and the judgment of its validity.Therefore,it is necessary to study some important and controversial issues of the Connubial Loyalty Agreement,and find a reasonable way to effectively regulate the effectiveness of it.This article mainly contains four chapters:The first chapter analyzes the common types and the dilemmas of the connubial loyalty agreement by summing up the real cases.The second chapter discusses the legal character of the connubial loyalty agreement from the angle of marriage essence;law and morality.The third chapter draws the conclusion that the connubial loyalty agreement has the legal effect by summarizing and commenting some famous academic viewpoints on the validity of this agreement.Meanwhile,this article further discusses the nature of liability and the nature of liquidated damages in violation of the connubial loyalty agreement.In the final chapter,this article makes some suggestionsfor how to improve the legislation ofthe connubial loyalty agreement,and how to let connubial loyalty agreement play a more beneficial role in the marriage.
Keywords/Search Tags:Connubial Loyalty Agreement, the Nature of Marriage, Legal Effect
PDF Full Text Request
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