The Definition Of Husband And Wife Loyalty Obligations And Legal Regulation Research

The relationship between husband and wife is the eternal topic of the human society.The obligation of fidelity to the man and wife is always the key factor of maintaining the their ties and making family foundation firm.Being wealthy brings booms of ideas.Nowadays,people hold different understanding towards the definition of man and wife's obligations.As science and technology develops,the internet has come into everyone's life gradually.Inevitably,social problems such as net marriage and online love affair occur.Open minded people hold a quite tolerant attitude towards the visual online love affairs,believing that it is just a recipe for the busy life and only for pasting times,without being violation of the man and wife's fidelity obligation.;while these more traditional people argue that man and wife should be loyal to each other both physically and spiritually.The visual online affair is constantly eroding marriage and family.Although the fidelity obligation of man and wife has been included in the terms,the fact is that it is not actionable.Therefore,how the injured party to seek relief becomes the main topic when the wrongdoer breaches the fidelity obligation.In practice,conflicts arise for the couple always have a discrepancy over the definitionof fidelity obligation.Since the law is also vague on the definition,different sentences have been given for the similar cases.Also,there is no uniform rules and regulations on how to regulate the breach of fidelity obligation.In the recent years,signing fidelity agreement has been an effective way to keep the family firm and solid.Some couples agree that the party who commits soul infidelity such as having net marriage and love affair should make compensation to the other party.And other couples even agree that the wrongdoer need to give up the custody,or asset.The above examples are only a fraction of self-defense measures.Owing to that there is no clear rules in our country,the judge has a relative high right of discretion.Some injured party has been supported by the court,while others are not.Considering that this may be a disturbing factor to the family or even the society,seeking how to protect the right of loyal party should be an important subject in marriage law area based on the defining the scope of fidelity obligation.This paper will mainly research the fidelity obligation,further define the concept of it and explain the behavior framework of regulating infidelity obligation.These questions are closely based on theory and reality.Since the present lawis not perfect,a great foresight is needed to approach and tackle this problem.This paper is divided into four parts.The first part illustrates three typical cases;The second part summarizes the focus of dispute and raises questions based on the cases,i.e.how to define the fidelity obligation? What is the scope of the fidelity obligation? And whether soul infidelity is a violation of fidelity obligation or not?The third part analyzes focus of dispute based on legal principle;The fourth part gives measures and makes proposals on how to regulate the action of breaching the fidelity obligation.