Research On The Effect Of The Couple Loyalty Agreement Under The Civil Code

Family is the fundamental unit of a society,and the marriage relationship between the two sexes plays a key role in the stability of the family.With the development of the times,great changes have taken place in the people’s concept of marriage.In recent years,China’s divorce rate remains high,in order to maintain the stability and harmony of marriage and the legitimate rights and interests of the parties to the marriage,the couple loyalty agreement came into being.For this,there is no clear provision in Chinese law.However,there are many disputes about the legal nature and legal effect of the couple loyalty agreement.At the same time,the new "Civil Code" has not made a specific definition of the couple loyalty agreement.The newly added clause in article 1091 of the civil code once made people think that it gave certain recognition to the validity of the couple loyalty agreement.However,Article 4 of the judicial interpretation of marriage and family(Ⅰ)of the Civil Code stipulates that: "the parties only file a lawsuit on the basis of article 1043 of the civil code.The people’s court shall not accept the case;if it has accepted the case,it shall rule to reject the prosecution." It also clarifies the nature of the couple loyalty agreement which can not be sued separately.Let the effectiveness of the loyalty agreement be in an uncertain state.This paper holds that "husband and wife should be faithful to each other" stipulated in article 1043 of the civil code is an advocacy obligation,which has no legal force.The couple loyalty agreement is to make the obligation clear and specific and give it actionable.As long as the couple loyalty agreement with the true expression is signed on the basis of equality and voluntariness,and the two parties are persons with full capacity for civil conduct,and it does not violate the mandatory provisions of the law and public order and good customs,it should be considered effective.However,the couple loyalty agreement can not be sued separately,and should be sued on the premise of divorce.This paper uses comparative study,empirical analysis,literature research,and commonness and characteristics-seeking.Combined with China’s new "Civil Code" and judicial practice,based on the background of couple loyalty agreement,this paper studies the nature and connotation of the couple loyalty agreement,and makes relevant definitions.At the same time,it discusses the relevant cases in practice,analyzes the effectiveness of the couple loyalty agreement,and comes to the conclusion that it affirms the effectiveness of the couple loyalty agreement,and thinks that the couple loyalty agreement is not valid If we can sue separately,we should take divorce as the premise.This paper starts with the more typical theories in the academic circles,makes a comparative analysis and summary of the more typical theories,and puts forward relevant legislative and judicial suggestions for the areas where the laws in our country are not perfect at present,so as to promote the better autonomy in the field of private law in our country,guide the improvement of the law,and make the couple loyalty agreement play a role in safeguarding the legal rights and interests of both parties,maintaining the marriage relationship,and promoting social harmony.