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On The Effectiveness Of Worship And Fidelity

Posted on:2018-02-04Degree:MasterType:Thesis
Country:ChinaCandidate:Y LiuFull Text:PDF
GTID:2346330518985409Subject:Law
Abstract/Summary:PDF Full Text Request
Due to the rapid progress of all aspects of the current Chinese society,accompanied by the continuous rise of the divorce rate,people have the old concept of love and marriage have undergone significant changes.At this time the marriage of both sides of the understanding of loyalty has not only need moral and public opinion constraints.Thus,the couple loyalty agreement appears in people's vision.Couple loyalty agreement,is in the legal marriage couples said real and free case signed in meaning,such as one party violates moral betray each other's behavior,should bear some liability for breach of agreement.In judicial practice,some courts think it is effective,and some courts consider it invalid.There is a big difference between the theoretical circles on the validity of the loyalty agreement.Based on the analysis of the characteristics of marriage contract,this paper makes clear that the essence of the marital loyalty agreement is a contract which embodies the characteristics of marriage contract.At the same time,research from the perspective of value,loyalty agreement can urge the parties to actively fulfill their duty of loyalty,to guarantee the stability of marriage,and there is no violation of the basic principles of the freedom of marriage,should be legally recognized its effectiveness.From the specific content of the agreement between husband and wife loyalty agreement,the agreement between husband and wife in the property relationship as the main content of the agreement is essentially a contract,its effectiveness should also be recognized.And the main content of the agreement as a personal relationship,it is necessary to regulate the contents of the agreement in accordance with the different provisions of different legal norms.If the Convention is a loyalty agreement and marriage changes on the content of the agreement is not certainly effective,but also comply with the relevant registration authority or court review requirements,in order to give its effect;relevant custody validity period stipulated,only in accordance with law requirements can be effective;the effectiveness of the agreement the visitation right,to be judged according to the specific content of the contract,such as the couple agreed deprivation of a party in the visitation right,the agreement is invalid,as agreed on the visit time,number of times,in both voluntary performance conditions,shall have the force of the law.
Keywords/Search Tags:loyalty agreement of husband and wife, legal validity, marriage contract, marriage, contract
PDF Full Text Request
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