Reviewing The Validity Of Prenuptial Agreement From The Perspective Of Public Interest

Cases concerning prenuptial agreements have been increasing in judicial practice.Courts have debated whether arnd on what basis the review of prenuptial agreement ought to take place.Most of the researches founded that the prenuptial agreement in our country is mainly focused on two aspects,property distribution and loyalty.A civil juristic act should be judged comprehensively from the contents,motives and purposes of the prenuptial agreement before voided.And these are related to public interest.This paper will argue that the review of prenuptial agreement should be based on the realization of public interest in marriage.Not only is this an effective justification,but also a brilliant way to protect autonomy of the will of contract.Throughing the relationship between public interest and prenuptial agreement,the intersection between them can be seen,which is the theoretical basis for the public interest to influence the prenuptial agreement.The marriage system reflects public interest and thus the results of validity review can not to damage but to maintain the public interest.Taking American public policy standards and the German public interest standards as examples,we found that the review of prenuptial agreement from the perspective of public interest has a solid foundation of comparative law.In the specific method of reviewing the validity of prenuptial agreements,the theory of limited cognitive and the distinction theory of effectiveness and performance should be conceemed.The marriage system has its certain social functions in contemporary China,and it is necessary to protect and promote the public interest in the review of prenuptial agreement.Reviewing the validity of prenuptial agreement from the perspective of public interest can effectively conduct the judicial review of prenuptial agreement,to protect the rights of both parties,and to maintain the stability of the marital relationship to protect the public interest.