Research On The Mrital Loyalty Agreement In Our Country

With the rapid development of the country ' s economic pattern,social concepts have gradually opened up,and marriage have also been affected to some extent.In recent years,malfeasance in marriage has become more common,seriously affecting marital stability and family harmony.At the same time,under the influence of modern citizens ' increasing awareness of rights protection,the “ marital Loyalty Agreement ”,which aims to prevent marriage crisis and maintain the purity and stability of the marriage relationship,began to prevail.More and more newly-married couples are not allowed to be extra-marital sexual behavior through the conclusion of contracts.In this period,we use this paper "loyalty agreement" to guarantee the spouse's loyalty to marriage.Article 4 of the "Marriage Law of the People's Republic of China"(hereinafter referred to as the "Marriage Law")provides principled provisions on the obligation of loyalty to couples,but lacks practical and operable standards.The relevant judicial interpretations also do not regulate the loyalty agreement of the couple,making the judges in practice There was no uniform standard of judgment in the case,which resulted in similar results in the judgment cases of the marital loyalty agreement cases.Marital loyalty agreements are “ new things ” that accompany the rapid economic development of social ideological changes and the impact of traditional marriage concepts.Related scholars' attitude toward this “new thing” is also unresolved.The author believes that the marital loyalty agreement is a new idea to solve the current conjugal loyalty problem in China and cannot be blindly prohibited.China's laws should clearly define the legal validity of the marital loyalty agreement at a general level,and be handled flexibly according to the actual situation in specific cases to make up for the current situation in China.The imperfections of the Marriage Law.According to the relevant provisions of Articles 4 and 46 of the Marriage Law,this article is divided into three parts to discuss the loyalty agreement of the couple.The first part is the first chapter of the article.It mainly identifies the nature of the loyalty agreement between the person and the property.The second part is Chapter 2,Chapter 3 and Chapter 4 of the article.It focuses on the analysis of the loyalty agreement in practice.The main problems are: the legal validity of loyalty agreements,the connection of loyalty agreements and divorce damage compensation,the right to know and privacy of spouses in loyalty agreements,the conflict between faithful claimsand personal freedomthe.The third part is the fifth chapter of the article.In order to solve the above problems,the author puts forward relevant suggestions on the legalization of the loyalty agreement,the recognition of its individual suitability,the improvement of the divorce damage compensation system and the resolution of conflicts of related rights.