A Study On The Effectiveness Of Marital Loyalty Agreements

With the rapid economic development and the continuous collision between new and old cultures,people's attitude towards marriage is quietly changing.Due to the frequent infidelity in marriage,people's trust and loyalty to marriage are decreasing.In order to pursue the stable development of marital life and protect the legitimate rights and interests of both husband and wife,husband and wife agree to take the husband and wife loyalty agreement as a tool to restrict their marital behavior.Looking at the current law,at present,only the marriage and family series of the Civil Code stipulates that both husband and wife should abide by the obligation of loyalty,and there is no provision on the content and effectiveness of the agreement.Therefore,the academic circles have been arguing about the relevant contents of the determination of the effectiveness of the agreement.In fact,loyalty agreement,as the performance of husband and wife's self-restraint of marital behavior,should be recognized for its positive role in stabilizing the marital relationship.However,due to the incompleteness of the relevant legal system for adjusting the loyalty agreement,the differences in the applicable rules of law for determining the effectiveness of the agreement,and the contradictory trial basis of the cases tried by local courts,it is more difficult for the judges to try the cases in practice.Therefore,in order to solve the current legal dilemma faced by the husband and wife loyalty agreement,only by continuously improving the effectiveness system of the husband and wife loyalty agreement and determining the applicable legal standards for determining the effectiveness of the loyalty agreement is the key to ensure the high-quality trial of cases by the court.It can be seen that it is necessary to improve the effectiveness of the marital loyalty agreement.