On The Effectiveness Of The Husband And Wife Loyalty Agreement

In recent years, with the rapid development of China's social economy, people's minds more diversified, marriage and marriage concept has undergone tremendous changes, "one-night stand", "extra-marital love" and other phenomena are widespread,more and more couples through the signing of loyalty agreement , to restrain the behavior of both sides of marriage, with a view to maintaining the purity and stability of marriage. However, due to the lack of explicit agreement on the effectiveness of the existing law on the marital loyalty agreement, the judge encountered cases with marital loyalty agreements often can not use a unified legal basis, leading to judicial practice often appear "the same case of different judgments," the embarrassing phenomenon in the academic and judicial practice caused widespread controversy.Therefore, how to determine the nature of this kind of agreement,whether it is effective, and how to apply it in judicial practice, need further exploration.This dissertation combines theory and practice, based on expounding the basic theory of marital loyalty agreement concept, nature, type and characteristics, starting from the validity of marital loyalty agreement, analysis and integration of different perspectives of jurisprudence and judicial practice, furthermore, the author puts forward his own views on the legal basis and effective elements of the confirmation of the marital loyalty agreement.Finally, the author puts forward some basic suggestions on how to clarify the validity of the marital loyalty agreement from the aspects of establishing the duty of loyalty as the legal obligation, the effective elements of the loyalty agreement and the content of the agreement.