Study On The Legal Effect Of Husband And Wife Loyalty Agreement

The Chinese society has entered a period of overall transformation,during which the social culture,life concept,political economy and other aspects of China have undergone tremendous changes.In this case,the values,outlooks on life and world outlooks of Chinese citizens have also been undergoing significant changes.In the era of information explosion,people's thoughts have been becoming more and more open,and their concepts about love,marriage and family are also changing gradually.Relevant data shows that since 2002,divorce rate of Chinese citizens has been increasing continuously.According to Social Service Development Statistics Bulletin(2016)released by Ministry of Civil Affairs of the People's Republic of China,it can be found that about 4.16 million couples divorced in China in 2016,a year-on-year growth rate of 8.2%,and most of the reasons for divorce were "extramarital affairs".Thus,nowadays many couples,in order to protect their own interests in their marriage relationship from being damaged by others,sign a "husband and wife loyalty agreement" before marriage.This agreement is regarded as an "insurance policy for marriage" by many people.With the emergence of more and more husband and wife loyalty agreements,people have raised a lot of questions about such "loyalty agreement",such as "what is a loyalty agreement?",“How to judge the validity of such loyalty agreement?”,"Is this type of agreement permitted by law?" and so on.Because of the existence of these problems,it makes this study have more practical significance.Based on the previous research results,such "husband and wife loyalty agreement" in practice is analyzed in this thesis from the basic concept.Through case study,an analysis on those loyalty agreements in practices and an in-depth study on its legal regulation and legal effect are conducted,with the hope of making a contribution to solving the difficult legal problems concerning husband and wife loyalty agreement.The thesis leads to the relevant questions through two cases with completely opposite results.In judicial practice,the current laws of China don't clearly stipulate the legal effect of "husband and wife loyalty agreement",so different courts have different views on legal effect of such agreement,which leads to the emergence of different judgments.In recent years,due to the fact that more and more couples signed "husband and wife loyalty agreement",the problem concerning legal effect of such agreement aroused widespread concerns among people gradually.This thesis is divided into three parts,and its main content includes:Part 1 is an analysis on the basic problems concerning husband and wife loyalty agreement.Firstly,the theoretical connotation of "husband and wife loyalty agreement" is defined,based on which classification of commonly seen husband and wife loyalty agreements is conducted through an analysis on various cases in practice.Such agreements can be mainly divided into two categories in accordance with content of terms: the type involving property relationship and the type involving personal rights.Part 2 is an analysis on some disputes concerning the legal effect of husband and wife loyalty agreement,and several existing views are analyzed: the theory of being valid,the theory of being invalid and the theory of being compromised.Each theory contains several different views,and the main content of each representative theory is analyzed and the author's view about each theory is elaborated.Part 3 is an analysis on the legal effect of husband and wife loyalty agreement.And it mainly puts forward the author's own view about such "husband and wife loyalty agreement".A detailed study on the legal effect of the "husband and wife loyalty agreement" based on the current legal system is made in this thesis.The author believes that legal effect of such agreement should be considered distinctively from two aspects.Firstly,for the content in such agreement on personal relationship,because of the legality of the right,its effect is impeded to a certain degree;secondly,for the content about property relationship,in principle,this part of content has legal effect,but it is necessary to judge whether the specific content of the agreement is fair.Improvement and perfection of the legal rules need more difficult cases as a support.Progress of the time will make some social problems become more and more complex,and number of such problems will increase continuously.These are both challenges and opportunities for development of the legal system.By solving these problems,our legal system will become more improved and mature.In the face of the outstanding question of the legal effect of husband and wife loyalty agreement,this thesis only provides some personal opinions,with the hope of promoting legal progress and making a contribution for which the author should be responsible as a legal professional.