The Research Of The Effectiveness Of The Couple Loyalty Agreement

In recent years,with the development of our country's economy and the diversity of ideology and culture,the divorce rate is increasing,more and more couples want to protect their legitimate rights and interests by signing a loyalty agreement.and requests the validity of the loyalty agreement in divorce proceedings.At the same time,the validity of the loyalty agreement has been widely discussed in the judicial and academic circles.However,due to the lack of legal provisions in this regard.Different courts also have different standards of judgment.It not only can not effectively guide the action of the parties,but also is not conducive to the establishment of judicial authority.This article clarifies the theory of marital loyalty agreement through theory and judicial case,and analysis of its effectiveness.This article is mainly divided into four parts.In the first part,the article analyzes the theory.After consulting the relevant documents and documents of the continental law system and the common law system.Sort out the theory of marital loyalty agreement.And it provides a theoretical basis for the later analysis of the effectiveness.And the purpose and significance of writing,research methods and paths are briefly introduced.In the second part,the author defines the definition,nature and types of marital loyalty agreement.If the agreement between husband and wife is in accordance with the law and conforms to the principle of freedom of contract,and it should not go against good manners,the validity of the agreement shall be acknowledged.This conforms to the principle of legal requirements.In the third part,the article analyzes the effectiveness of the case of marital loyalty agreement in judicial practice.Specifically,it is divided into two aspects: the personal nature and the property,and makes the corresponding analysis to different cases of different judgments and basis,and found that there are some problems in the judicial practice.In the fourth part,on the basis of the second and the three part,the author puts forward some legislative and judicial suggestions on the problems existing in the process of the confirmation of the marital loyalty agreement.Hope to solve the marital loyalty agreement is effective.