| In today’s society where the marriage rate is low and the divorce rate is high,people are more cautious about marriage.With the development of social economy,the collision of new and old culture,the concept of marriage is different from the past.Extramarital affairs may have been a form of mental stimulation,but now they are less and less accepted by the public,and become a mere inducement to divorce,and people’s demands for spouse loyalty rise.With the improvement of legal construction,the consciousness of legal system is rising,and the law is chosen to better protect their legitimate rights and interests.However,the law is always lagging behind,the newly revised civil law allusions stipulate that 5 cases can claim damages in divorce,but these five cases do not include cheating,one-night stand and other marital and extramarital third party accidental sexual behavior.There is no doubt that the accidental sexual behavior of the third party in marriage and extramarital affairs has caused great harm to the party without fault.Based on this,the marital loyalty agreement begins to prevail,requiring loyalty to the spouse.The party who violates the agreement is required to take certain penalties to maintain the stability of the marriage and make up for its own injury.However,husband and wife loyalty agreement is the product of people’s natural development in practice,which is not clearly stipulated in the law,so the law circles have some disputes about husband and wife loyalty agreement.Because of the imperfection of law,the application of husband and wife loyalty agreement in judicial practice is confused.Go out at the beginning and end of this article from the following aspects of the husband and wife loyalty agreement to explain.The first part is the theoretical arrangement,which analyzes and arranges the valid and invalid theories in the current legal circles.The second part collates the cases involving loyalty agreement in the past five years,classifies them according to the basis of validity or not,and finds out the difficulties in the application of husband and wife loyalty agreement.The third part analyzes the conflict of the amount system and the value conflict of the husband and wife loyalty agreement.The different views on the loyalty agreement are not limited to the ambiguity of the legal system,and the marriage view of the parties.The judge’s value judgment also affects the application and validity of the husband and wife loyalty agreement.The fourth part from the legislative and judicial perspective to explore the effective husband and wife loyalty agreement,so that the husband and wife loyalty agreement can be better applied. |
