A Brief Analysis Of The Validity Of Marital Loyalty Agreement

The husband and wife’s duty of fidelity in this article means that both husband and wife must remain sexually single,and must not maliciously abandon and damage the spouse’s interests.Its nature is a legal obligation.The husband-and-wife loyalty agreement,as a specific manifestation of the husband’s duty of loyalty,means the agreement reached by the husband and wife that requires one party to perform certain actions after violating the duty of loyalty during the marriage relationship.The agreement embodies the essence of the marriage contract and is an atypical contract combining personal and property content.Regarding whether the husband-and-wife loyalty agreement of the research theme of this article has legal effect,the author advocates to adopt the way of "seeing effectiveness by content" to distinguish among the four theories of validity theory,invalidity theory,natural debt theory and distinguishing dualism The content of the agreement that involves changes in identity relationships is a mandatory provision of the law and should be invalid.Those that involve changes in property relationships and compensation payments should be valid after the court determines that they are legal or the amount of compensation is appropriate.With regard to the determination path of the legal effect of the husband and wife loyalty agreement,the author believes that the husband and wife loyalty agreement should apply the provisions of the civil law on civil legal acts,and the agreement does not have a separate action,and can only be used as a The basis of the claim.As the current theory on the legal validity of the spousal loyalty agreement is controversial,the legal validity theory of the spousal loyalty agreement should be improved from the four aspects of clarifying the effective and effective elements of the spousal loyalty agreement,regulating the content of the loyalty agreement,perfecting the evidence collection and the credibility system.