A Brief Analysis Of The Validity Of Marital Loyalty Agreement

With the continuous development of the society and the deepening of the socialist legal system,the idea of judicial autonomy is also deepening into the concept of citizens.On the other hand,the traditional China has been confronted by the impact of foreign culture.The pursuit of sexual autonomy has led citizens to become more open about sex,and the probability of marital infidelity has risen sharply.Under this kind of double background,the husband and wife adopt the method of signing the husband and wife loyalty agreement to guarantee the marriage quality,and also facilitate the no-fault party to punish the fault party after violating the loyalty obligation.However,there is no unified understanding of the validity of the loyalty agreement in either the academic field or the judicial practice field.Especially in the field of judicial affairs,because of the lack of unity of views,which leads to the phenomenon of different results in the same case,it directly reduces the judicial credibility.Therefore,it is necessary to have a definite conclusion on the validity of the agreement on the loyalty of husband and wife.In this context,this paper studies the validity of husband and wife loyalty agreement.This paper mainly includes three parts: introduction,text and conclusion.The main contents are as follows:the first chapter briefly introduces the social background of conjugal loyalty agreement,as well as the problems in judicial practice.The second chapter mainly introduces three trial examples of the agreement of husband and wife loyalty,and analyzes the conflict of trial practice through the comparison of cases.The third chapter,mainly from the definition of husband and wife loyalty agreement,the foreign legislation provisions,husband and wife loyalty agreement type and other aspects to analyze the husband and wife loyalty agreement.The fourth chapter mainly introduces the social background and judicial background of the agreement of husband and wife loyalty,and discusses its validity from the controversy in the theoretical circle.The fifth chapter mainly discusses how to apply the agreement of husband and wife loyalty in judicial practice and how to solve the problems in judicial practice.The sixth chapter,the conclusion emphasizes the importance of determining the validity of marital loyalty agreement.