The Study On The Validity Of Loyalty Agreement

The conjugal loyalty agreement is a common agreement in practice,which is signed by both parties of the husband and wife.However,there is no uniform or even diametrically opposite circle to the loyalty agreement is quite different,and the phenomenon of different judgments in the same case is serious.Under this background,the author carries out the research on the validity of the spousal loyalty agreement,and puts forward his own opinion.The premise to answer the question of the validity of conjugal loyalty agreement is to define the legal nature of conjugal loyalty agreement.There are many opinions about the legal nature of conjugal loyalty agreement in academic circles,including Friendship Act,Civil Legal Act,contract and so on.The author holds that since the marital loyalty agreement has the characteristics of hybrid property relationship and identity relationship,the identification of its nature should also be classified and discussed: the marital loyalty agreement of property type should be regarded as a contract because it is based on the property relationship,the status-based spousal loyalty agreement is based on the status relationship,so it should be regarded as a civil juristic act.On the validity of the conjugal loyalty agreement,there are many viewpoints and the dual differentiation theory,it is most appropriate to type-discuss different types of loyalty agreements and determine their effectiveness.The marital loyalty agreement is not a simple legal issue,and it also involves a lot of economic and social issues.Therefore,the author introduces an economic perspective and a sociological perspective to analyze the marital loyalty agreement from the perspective of long-term investment,because of the difference of gender and social division of labor,women often bear the higher cost in marriage,so it is better to regulate the behavior of husband and wife by matching the cost of marriage and love through loyalty agreement.From the perspective of signal theory,the spousal loyalty agreement increases the cost of breach of contract in marriage,so it also improves the efficiency and credibility of the signal transmission of love and marriage,which helps to reduce the cost of love and marriage and improve the spousal loyalty.From a sociological point of view,the divorce rate in China continues to rise,and extramarital affairs,which fail to fulfill the duty of loyalty,have become an important reason for divorce.Therefore,it is affirmed that couples protect their rights and interests through legal means and reduce the cost of protecting their rights,giving more security to the vulnerable groups in marriage helps to reduce the divorce rate.Finally,returning to the issue of the validity of the marital fidelity agreement,the author,from the perspective of the dual division,and on the basis of defining the marital fidelity agreement of the property type as a contract,concludes that the validity of the marital fidelity agreement of the property type should be affirmed,through the analysis under the framework of the current legal system,the conclusion is drawn that the validity of the marital loyalty agreement of property type does not produce negative externalities to strengthen the validity of the marital loyalty agreement of property type.And the conclusion that the identity type husband and wife loyalty agreement should be classified and judged according to the characteristics of different articles.Among them,the breaching party must agree that the divorce clause should be invalid because it violates the principle of freedom of marriage,and the breaching party must give up the effect of the child-rearing clause should be valid because it does not violate the current legal system;The deprivation of visitation rights and guardianship rights is invalid because of the breaking of the existing laws.The author also supposes that under the premise of affirming the validity of the marital fidelity agreement of property type,the defaulting party should make appropriate adjustment to the property with high value paid to the defaulting party.