On The Legal Effect Of The Husband And Wife Loyalty Agreement

Since the People’s Court of Min hang District,Shanghai judged in 2002 that it had "violated" the first case of compensation for the "Loyalty Agreement",there have been a large number of cases concerning loyalty agreements between husband and wife.Moreover,in practice,there have been phenomena of different judgments on the case of a couple’s loyalty agreement case.In view of the fact that the legislation does not clearly stipulate the nature,connotation,and extension of the loyal obligations of husbands and wives,and the controversy over the controversy of loyalty agreements between husband and wife,there is no uniform judicial benchmark in judicial practice,resulting in different judgments in the same case and influencing the judiciary.It is obviously necessary to determine the legal validity of the loyalty agreement of the husband and wife,and to further discuss the legal validity of the loyalty agreement,we must first clarify the nature and connotation of the loyalty obligation of the husband and wife.Obligations or differences in legal obligations are related to differences in the validity of marital loyalty agreements.Differentiation of the boundaries of"faithfulness of husband and wife"is related to the difference between whether an agreement can become a conjugal agreement or not.Differences,related to the legal effectiveness of loyalty agreements The choice of route,of course,has led to a large number of doctrines that further diverge the legal validity of the couple’s loyalty agreement,but to clarify the legal validity of the couple’s loyalty agreement,it is necessary to first clarify the nature and scope of the"faithfulness of the husband and wife,and then use this as a precondition.Differentiating and analyzing various kinds of doctrines about the nature of couple loyalty agreement,find out the path of judging the legal validity of couples’ loyalty agreements,and further judge the legal validity of couple loyalty agreements.The author has passed on the legislative status of "family loyalty" and the nature of "faithfulness of husband and wife" in China.Analyze and combine with our country’s social reality,we believe that the nature of the obligation of conjugal loyalty is understood to have risen from a moral obligation to a legal obligation,and that the loyalty agreement is with " identity agreement " and " property agreement".Based on this premise,the author applies the principle of "General Principles of Civil Law" according to the loyalty agreement,and on the basis of the provisions of Article 143 and Article 153 of the "General Principlesof Civil Law",put forward the effective requirements of the loyalty agreement.In the same case concerning the case of a couple’s loyalty agreement,The status of different sentences,trying to put forward a reference benchmark for judging the effectiveness of couple loyalty agreements in judicial practice,and combining the judicial benchmarks of the effectiveness of loyalty agreements proposed in this paper,to analyze the legal effects of the typical cases in Chapter 1.This article uses the normative analysis method and the literature research method in the application of research methods.The normative analysis method is used in many ways,such as the connotation and nature of conjugal loyalty obligations,the nature of conjugal loyalty agreements,etc.The literature research method is based on the selected topic,obtains the necessary information through the literature,and grasps a method to study the problem.This paper cites a large number of documents for reference and conducts research.Therefore,this article is divided into five chapters,the first chapter,which mainly analyzes the practical problems of loyalty agreement cases and their significance.The second chapter mainly discusses how to define loyalty obligations,the third chapter analyzes the nature of loyalty agreements,and the fourth chapter discusses the legal effects of loyalty agreements.The judgment,Chapter 5,puts forward a judicial benchmark for judging the legal validity of loyalty agreements in practice.Finally,I hope this article can provide references for judging the legal validity of conjugal loyalty agreements in judicial practice,and helps to determine the legal validity of conjugal loyalty agreements.