Research On The Effectiveness Of Conjugal Loyalty Agreement

Marriage crisis seems to be a common phenomenon in modern society.According to data published by People's Daily,the divorce rate in China has been increasing for 15 consecutive years since 2003,and marriage stability has become a prominent topic in social life.On December 24,2019,various drafts of the civil code were submitted to the 15 th meeting of the standing committee of the 13 th National People's Congress(NPC)for group deliberation.Some members suggested that a screening mechanism should be set up for the application of the "cooling-off period for divorce" mentioned in the draft civil code,which aroused heated discussion in the society.As an "insurance mechanism" agreed by both husband and wife,husband-wife loyalty agreement has been accepted by more and more people since the first husband-wife loyalty agreement case was exposed in minhang district court of Shanghai in 2002.The validity of husband-wife loyalty agreement and other related issues have been debated ever since.Based on the practical cases and the analysis of different theories,this paper discusses the validity and legal application of conjugal loyalty agreement,and hopes to achieve the following research objectives.Firstly,it is necessary to understand the concept,nature and category of conjugal loyalty agreement,analyze the prevailing social environment of conjugal loyalty agreement,and understand its social background and current judicial situation.Secondly,the author makes a self judgment on the legal effect of the loyalty agreement between husband and wife,and discusses the current legal regulation of the loyalty agreement between husband and wife.The key point of this paper is to study the validity of the loyalty agreement between husband and wife.The author will find out different theories about the validity of the loyalty agreement and analyze them on the basis of sorting out.Finally,this paper explores some problems existing in the theory and judicial practice of conjugal loyalty agreement,and tries to provide some reference for the improvement of judicial operation.