An Analysis Of Divorce Dispute Case Of Mrs He And Mr.Yan

In recent years,the continuous development of social economy in our country has brought a great impact on people's concept of marriage and love.This phenomenon has led to the rising divorce rate in China.Many parties believe that it is impossible to adjust the relationship between husband and wife by relying solely on ethics and morality.So they decide to maintain their marriage and the stability of the family through the loyalty agreement.He sued Yan for divorce cases is the legal disputes based on the loyalty agreement.There are four controversial points in this case: whether the marriage loyalty agreement signed by He and Yan has legal effect,whether the personal clause in the loya lty agreement is valid,whether the property clause in the agreement is valid,and whether the property and vehicles under Yan's name are his personal property.First,marital relationship is a kind of contract in essence,and the agreement of loyalty betw een husband and wife have the three characteristics of the contract,and it should be effective.Moreover,Marriage Law,Contract Law and Tort Liability Law can not be used as the substantive legal basis to determine the overall legal effect of the loyalty agreement,on the contrary,the General Principles of Civil Law should be applied.According to the civil juristic act regulation,the loyalty agreement conforms to the specific requirements of the validity of civil legal acts,and there is no situation i n which civil legal acts can be revoked,validity pending and invalid.Therefore,it has legal effect.Second,the personal clause does not constitute a restriction on Yan's personal freedom.But the content of the agreement on the restriction of Yan's guardianship is to abandon the legal obligation of guardianship,and deprive Yan's parental rights,and violate the legal provisions,should not have legal effect.Third,the property clause does not violate the fair principle of the Contract Law and the filling principle of the Tort Liability Law,and the Marriage Law stipulates the matrimonial property contract system,so it has legal effect.Finally,the real estate and vehicles involved in the case are registered under Yan 's name,and Yan cannot produce enough evidence for his claim,thus he should undertake adverse consequences.Therefore,the real estate and vehicles should belong to Yan 's property.