A Study On The Legal Issues Of The Loyalty Agreement Between Husband And Wife

With the gradual popularization of free and beautiful marriage concepts,people’s concepts of marriage have undergone major changes.The traditional concept of "mutual assistance" marriage is gradually abandoned,and the romantic,aesthetic and free marriage concept is increasingly respected.Affected by changes in the concept of marriage,acts that violate the obligation of loyalty,such as extramarital affairs,affair,and derailment,have seriously affected the stability of the marriage relationship.Based on their own rationality,some couples consciously prevent the emergence of infidelity by means of agreement,and the couple’s loyalty agreement came into being under this background.Once the couple’s loyalty agreement enters the court,the legal effect of the loyalty agreement and the application of law will become the focus of the judge’s decision.The reason for this is that the legal effect and application of the law of the couple’s loyalty agreement are not regulated by any law,which has led to the emergence of cases of couples’ loyalty agreement and different judgments in the same case.In this paper,the text includes four parts:The first part is based on the analysis of the basic concept and nature of the couple’s loyalty agreement,combined with the basic types of loyalty agreements signed between couples in real life,and the relevant data released by the Ministry of Civil Affairs in 2020 such as marriage,divorce,and departure rates in various regions Analyze the necessity of signing a couple’s loyalty agreement.The second part analyze the legal effect of the loyalty agreement between husband and wife.On the one hand,it compares and analyzes the four theories on the validity of husband and wife loyalty agreements in academia;on the other hand,based on the analysis of cases related to husband and wife loyalty agreements retrieved by the China Judgment Document Network,the judicial system is summarized in combination with relatively typical cases The industry recognizes or denies the validity of the husband and wife loyalty agreement.The third part analyzes the legal application of the couple’s loyalty agreement.Analyze the relevant theories in the theoretical circle on the legal application of the husband and wife loyalty agreement,including: the husband and wife loyalty agreement should be adjusted by the "Civil Code of the People’s Republic of China" Marriage and Family Edition,the husband and wife loyalty agreement should apply to the tort liability chapter of the Civil Code,and the husband and wife loyalty The agreement should be adjusted by the General Chapter of the Civil Code and the husband and wife loyalty agreement should be governed by the Contract Chapter of the Civil Code.On the basis of comprehensive evaluation and analysis of relevant theories,the author’s point of view is explained,that is to say,the "Civil Code" contract should be applied to the loyalty agreement between husband and wife.The fourth part is the perfect path for the existing problems of the loyalty agreement.Based on the analysis of the second and third parts of the article,the academic circles and the courts disagree on the validity loyalty agreement and the application of the law,analyze the reasons leading to the above disputes,and raise issues related to the improvement of the husband and wife loyalty agreement in response to the existence of the loyalty agreement Methods.It mainly includes five aspects: clarifying the validity of the conjugal loyalty agreement,clarifying the effective requirements of the conjugal loyalty agreement,regulating the content of the conjugal loyalty agreement,improving the system of evidence collection and acceptance,and clarifying the legal application of the conjugal loyalty agreement.