Judicial Determination Of The Validity Of Husband And Wife Loyalty Agreement

In recent years,with the development of the times and the change of people's ideas,the frequency of extramarital love is becoming higher and higher,and it is a serious threat to the normal and stable marriage and family life.In order to ensure a stable marriage between each other,more and more young couples have chosen to bind each other at a higher level by signing the loyalty agreement,based on the clear and specific rules of the husband and wife loyalty agreement to ensure that their husband and her husband are physically or psychic to maintain their marriage.Absolute loyalty,to prevent psychological derailment or extramarital sexual behavior,and so on,destroy the phenomenon of marriage and family.The author believes that,from the angle of the husband and wife loyalty agreement itself,its nature is to visualize and concretely change the obligation of loyalty.The author's idea is that,from the angle of the marriage loyalty agreement,its nature is to visualize the obligation of loyalty,which is a method of self-help which is adopted by the parties,and the law should pay enough attention to the autonomy of the parties.Just thinking about the status of both sexes in marriage,privacy,morals,and behavior characteristics,It is a self rescue method adopted by both men and women in marriage,and the law should pay enough attention to the autonomy of both men and women in marriage.To guide citizens to maintain and protect their legitimate rights and interests in the range of risk control,to avoid the loss of legal rights and interests under the influence of marriage and moral values,and to infringe on the right to privacy of spouses and others.This article is divided into three parts: the first part is based on the rich research of the predecessors,combing the concept and effect of the husband and wife loyalty agreement,and defining the object of the study as the definition in the narrow sense,that is,only the husband and wife have serious disloyalty-the sexual relationship with the third party;second The legal basis of the validity of the couple's loyalty agreement is discussed,that is,it is the essential requirement of the monogamy system,conforms to the recognition trend of the marriage identity contract,conformsto the importance of the protection of spouse rights,and recognizes that the conflict between husband and wife loyalty agreement does not violate the basic human rights,and the conflict with the protection of private rights can be effectively solved.The third part is the difficulty of the marriage loyalty agreement.In order to solve a series of problems pointed out in this part,the article puts forward corresponding countermeasures to solve problems by judicial trial.Specifically,the agreement is clearly defined as the content of the agreement,establishing the independent and non prosecution of the loyalty agreement,using the contract law to identify the validity of the contract,and making clear the burden of proof of breach of contract.This article analyzes these situations and puts forward some suggestions for judicial operation.Hope can help.