Legal Effectiveness Of Conjugal Loyalty Agreement

In recent years,extra-marital affairs and other activities that violate the ethics of marriage have continuously renewed people's awareness.Infidelity through infidelity not only undermined the loyalty of marriage,but also seriously violated the legitimate interests of the victim's spouse,the family harmony and the social stability belt A hidden danger.In order to save marriages at stake,the signing of the loyalty agreement has become the first choice of husband and wife to safeguard their own interests.The law does not evaluate these types of agreements,but with the continuous appearance of such disputes in practice,the courts around the world are also very different in attitude.The theoretical circle of law also tries to analyze it theoretically,so far the differences remain.In the face of controversial loyalty agreement between husband and wife,this article attempts to find out its effectivenessThrough the analysis of typical cases,it reflects the existence of the judicial practice of the nature of the loyalty agreement is not clear,the law is not uniform and so on.After combing the theoretical view of the nature of the loyalty agreement between husband and wife,it concludes that the nature of the loyalty agreement should be an anonymous contract.Except for applying the provisions of the General Law of Civil Law on Civil Juristic Acts as the basis for its validity,agreement violates the consequences of the agreement related to the content involved,the judge should be cautious in the specific identification of the "personal"clause in the determination of validity can not be denied,allowing the parties without violating the provisions of the law under the premise of the right The exercise time,the exercise of the content of the actual combination with their own refinement standards.The "property"clause should be effective in principle.However,the compensation amount should be adjusted according to the degree of fault of the injured party and the economic level of both parties so as to prevent the interests of both parties from being unbalanced.On the basis of the above,the third part puts forward suggestions for improving the scope of the spouse's rights in legislation,expanding the range of compensation for divorce damages,and clarifying the validity of the loyalty agreement through judicial interpretation as soon as possible.Loyalty agreement to prosecute the premise,the agreement needs notarization and other issues given the relevant recommendations,hoping to contribute to the practical operation modest.