Study On Property Agreement Based On Husband And Wife Loyal Duties

From the revision of the Marriage Law in 2001 to the "first case" of the Property Agreement Based on Husband and Loyal Duties in 2002 and the subsequent judicial interpretation of the Marriage Law,and until now,controversy over the issue of this type of spouse’s loyalty agreement has never ceased and never reached consensus.However,the problem of the loyalty agreement has to be solved positively.In the introductory part of this article,the author will introduce the basic characteristics of this article from several aspects such as the statement of the problem,the review of domestic and foreign literature research,the significance and purpose of the research,the route and method of the research.In the first chapter of this article,the author will first introduce the property agreement based on husband and wife loyalty obligations from the husband and wife loyalty agreement.In the second chapter of this article,the author will make an in-depth analysis from the perspective of the legal nature of the agreement,the theoretical basis of existence,the existence of legal basis,and the judicial practice of China,so as to demonstrate that such agreements should have legal effect in principle.In the third chapter of this article,the author will also combine the reasons for claiming to deny its effectiveness,analyze the content that can bring thoughts and inspiration to the problems faced by the liability bearer after acknowledging its effectiveness,and provide a more comprehensive solution to the problems in the agreement feasible solutions,including issues such as individual suitability,legal evidence collection,violation of loyalty determination standards,adjustment of excessive property liability,and the relationship between legal and agreed situations.In the fourth chapter of this article,the author will put forward more specific suggestions on the basis of summarizing the necessity of legal perfection for this issue.The last part will be a summary of the research results based on the above research.