A Study On The Determination Of The Validity Of Conjugal Loyalty Agreements

With the development of society and the gradual transformation of the concept of marriage and love,more and more couples choose to sign a couple's loyalty agreement to restrain or alert each other,so as to maintain loyalty within marriage.However,the current laws of our country do not yet clearly stipulate the validity of the couple's loyalty agreement.In judicial practice,there are cases where couples'loyalty agreement cases have different judgments in the same case,and different judgments in the same case.This article searches for relevant judicial cases from the China Judgment Document Network,and obtains 51 valid sample cases after screening.Through the study of sample cases,it is found that different courts have different judgments on the validity of couples loyalty agreements,and the percentages of positive,negative,and non-evaluation on the validity of couples loyalty agreements are 35%,27%,and 38,respectively.%.Next,this article selects classic cases from the sample cases for detailed research.Through the study of classic cases and sample cases,it is found that there is a dispute about the validity of the couple's loyalty agreement in judicial practice.Through the study of judicial cases,this article analyzes the reasons that lead to disputes about the validity of the couple's loyalty agreement from the legislative and judicial perspectives.First of all,the legislative reasons are:the legal provisions for determining the validity of the husband and wife loyalty agreement are unclear,and the nature of the obligation of loyalty is unclear.Secondly,the reasons for judicial trials are:the courts have different legal applications for determining the validity of husband and wife loyalty agreements,and the current effective court trial guidelines in different regions contradict the validity of husband and wife loyalty agreements.Based on the analysis of the reasons,this article puts forward suggestions for perfecting the validity of the couple's loyalty agreement.First,in terms of the principle of validity determination,the validity of the couple's loyalty agreement should be affirmed from the perspectives of the necessity of social demand and the feasibility of the validity of the agreement;secondly,in terms of the standard of validity determination,the determination of validity involving personal relationship must comply with the compulsory law of our country.The determination of the effectiveness of sexual provisions and public order and good customs,involving property relations,needs to be comprehensively determined based on the party's ability to pay,the level of local economic development,the degree of fault and other factors;finally,the specific recommendations for the determination of effectiveness:First,given that my country's Civil Code has just come into force,The supporting judicial interpretations and guiding cases should be improved to clarify the validity of the husband and wife loyalty agreement.Second,the obligation of loyalty should be clarified as a statutory obligation,so as to clarify the basis of the right to claim the spousal loyalty agreement;third,the validity of the spousal loyalty agreement should be determined with reference to the standard for determining the validity of civil legal acts,that is,from the signing of the agreement,the content of the agreement,and the meaning of the agreement.Indicates three considerations for effective requirements.Marital loyalty agreement is the product of marriage concept and social development,which reflects the faithful yearning of social individuals for marriage and the enhancement of awareness of rights protection,and is a self-reliance method in the protection of spouse's rights and interests.At the same time,it also embodies the gradual transformation of modern society to an affirmative society,and is a manifestation of social progress and the awakening of individual consciousness.The law needs to respond to the lack of morality in social life.Creating a legal environment for both spouses to negotiate and protect the rights and interests of spouses is not only a manifestation of the protection of the legal rights and interests of spouses,but also the proper meaning of the civilization and progress of the rule of law in society.