A Study On The Validity Of Couple Loyalty Agreement

The complex relationships in society can generally be reflected in the relationship of marriage and family.Along with social and economic development,people's living standards has been improved substantially.The concept of marriage and family has also undergone tremendous changes.Each step of changes will be reflected in the relationship of marriage and family.The former has different forms of expression from the past.Specifically,some new problems have appeared in the relationship between husband and wife,such as the diminishing concept of marriage and family,bigamy,adultery,jealousy,prostitution,etc.Unhealthy social phenomena such as one-night stand,cohabitation with a third person,are full of today's society.Besides,the divorce rate is rising.The vows and the true love can no longer be maintained just by feelings and morality.In face of this situation,the husband and wife,by their own efforts to find a solution---loyalty agreement.Since the first disloyalty case came out in China,more and more couples have signed the loyalty agreement.One of the problems is,different judges have different judgments,and some even have the opposite decisions.Therefore,what exactly is the husband and wife loyalty agreement about? What are the types of loyalty agreements? What is its legal effect? Does the law allow such agreements to exist? Such problems must be analyzed in the judicial practice concerning loyalty agreement.Only in this way,can the judge properly identify and deal with the loyalty agreement.Therefore,the author chooses the effectiveness of the loyalty agreement as the theme of the thesis.The research on the effectiveness of the loyalty agreement is divided into three parts:The first part is the dispute on validity and legality of loyalty agreement.First,the loyalty agreement is drawn by defining the loyalty obligations of the couple.It is mainly based on the different types of agreements.Second,the typical cases of the loyalty agreement in the judicial practice are listed,and the existing doctrines of the academic circles are analyzed: "effectiveness" and "ineffectiveness".The author analyzes the rationality and the inadequacy of these specific views,and then provides opinions and suggestions.The second part is the rationality argument of the loyalty agreement.This thesis admits the validity of the loyalty agreement.In addition to the legal basis for proving its effectiveness,the author also demonstrates the ethical basis,the value orientation and the positive function of the loyalty agreement.The third part is about the analysis concerning the effective requirements and specific application of the loyalty agreement.There are there types of loyalty agreement:(1)agreement on the property;(2)agreement on the personal rights;and(3)mixed agreement combined the previous two.Then the author will combine with different types while analyze its effectiveness.The agreement on personal rights is invalid because of the prohibition of law: we are not able to create and exclude those personal rights through agreements between non-authorized parties.Combined the personal rights and property in its content,the mixed agreement is generally valid.However,we should also determine whether the specific content is fair or not in the specific circumstances and then determine its effectiveness.In a word,this thesis discusses the effectiveness of the loyalty agreement from the aspects of legality and rationality,then analyzes the application of the loyalty agreement.Through these arguments,the author hopes that in the future formulation of the Civil Code,the contents of the loyalty agreement can be included,and the husband and wife can be urged to fulfill their loyal obligations and ensure the healthy and orderly existence of the marriage relationship.