Study On The Judicial Application Rules Of Loyalty Agreement

With the development of society and economy,the infidelity of husband and wife has emerged constantly and the marriage relationship is facing new challenges.In this context,some couples chose to sign a "Loyalty Agreement"in order to maintain the stability of marriage and family harmony,which also provides a new path for determining the rights and obligations of the spouses.Correspondingly,couples who sued the court according to the loyalty agreement and asked the judge to refer the rights and obligations of both parties in accordance with the contents of the agreement are also growing.However,the law does not have a clear stipulation on such an agreement.Article 4 of the Marriage Law "The husband and wife should be faithful to each other" is only a legal spirit and legal principle and is not operative.The obligation of loyalty to husband and wife is more like a moral advocacy than a specific legal responsibility.Due to the lack of legal regulations,disputes over the nature and effectiveness of loyalty agreements have never ceased,the theoretical community has not reached a consensus,and the judiciary also lacks uniform standards for judgment,leading to trials of loyalty agreements becoming a major challenge for courts.Therefore,it is of great theoretical and practical value to deeply study the issues related to loyalty agreements.This article starts from the perspective of the frontline of judicial trials and analyzes the judicial application of loyalty agreements from the perspective of the frontline of the judicial review.It explores the confusions encountered in the judicial trials of loyalty agreements.From a similar case,the court made a very different decision to analyze the cause of the problem.On the basis of the existing legal system of marriage in our country,we have explored the countermeasures against the problems of different sentences in the same case in the current judicial practice.It provides reference suggestions on the judicial application of loyalty agreements from the aspects of clarifying the effectiveness of loyalty agreements,perfecting the criteria for identifying agreements,and standardizing the content of loyalty agreements,and exploring corresponding applicable rules for the trial practice field,thereby providing the judges with practical experience in hearing such cases.Possible reference.