Legal Analysis Of The Effectiveness Of The Husband And Wife Loyalty Agreement

In the present society,because of the lack of legislation on the validity of the "loyalty agreement",the judge did not have uniform legal norms in the judicial practice as a guideline,resulting in many cases of different referees occur frequently.In China's jurisprudence on the "loyalty agreement" the nature and effectiveness of key issues such as no agreement.As the "husband and wife loyalty agreement" in the real life of the frequent reproduction,and similar cases referee different circumstances,the urgent need for legislative and judicial norms of this agreement in order to further clarify the "husband and wife loyalty agreement" legal effect.This paper makes a comparison and analysis from three typical cases in judicial practice as the starting point,defines the concept of "husband and wife loyalty agreement",explains its nature and effective elements,in order to seek its legal effect.This paper analyzes the legal form of the "husband and wife loyalty agreement" and its specific content,so as to regard the "husband and wife loyalty agreement" as a means to realize the pursuit of the legal value of marriage.Excluding the introduction and conclusion,this paper consists of three parts.The overall writing of the paper is to ask questions,analyze problems and solve problems.The first part,ask questions.The three typical cases of "loyalty agreement" were briefly introducedand the focus of the dispute was refined and summarized.It is found by the case that the validity of the agreement on "husband and wife loyalty agreement" is different,leading to the same case of different referees in judicial practice.Thus,the validity of the "husband and wife loyalty agreement" requires us to conduct a deeper level of research.The second part analyzes the case of the case of "husband and wife loyalty agreement".This includes defining the concept of "loyalty agreement",arguing the necessity of researching loyalty obligations,exploring the essence of the loyalty obligations of husband and wife,and the entry into force of the "loyalty agreement",as well as the basis of the "husband and wife loyalty agreement" The legal regulation of family obligations.Through the analysis of the final article that "loyalty agreement" is expressed in the agreement on the basis of the two sides did not harm the legitimate interests of others,without violating the provisions of the law should be effective.The third part is about the study of "loyalty agreement" inspiration,that is,"loyalty agreement" on the importance of legislation and justice and specifically for the "loyalty agreement" to improve the recommendations and countermeasures,with a view to this issue help.