Research On The Validity Of Marital Loyalty Agreement

In recent years,with the continuous improvement of China’s economic level and the continuous increase of social and cultural openness,the awareness of protecting personal rights and interests in marital relations has continued to rise,and the traditional concept of marriage has been impacted.More and more couples choose to sign husband and wife loyalty agreements in order to guard their marriage.However,the civil code and relevant interpretations do not specify how to adjust the marital loyalty agreement,which leads to the phenomenon of "different judgments in the same case" in the determination of the effectiveness of the marital loyalty agreement in judicial practice,and the judicial credibility is affected.The phenomenon of husband and wife signing loyalty agreement is not only an intuitive embodiment of the progress of social life consciousness,but also reflects the improvement of individual legal consciousness.Under the socialist rule of law system with Chinese characteristics in the new era,we emphasize the combination of ruling the country by law and ruling the country by virtue.The social basis for the operation of modern rule of virtue is a society ruled by law.It requires that the law has goodness and should work together with morality to realize that law and morality complement each other and complement each other.From the essence of marriage,it is a special "contract",and the duty of loyalty between husband and wife has the nature of morality and law.By analyzing the causes of differences in the effectiveness of husband and wife loyalty agreement in judicial judgment,this paper comes to the conclusion that whether the duty of loyalty can be endowed with legal responsibility is related to the determination of the effectiveness of loyalty agreement.According to the second paragraph of article 464 of the civil code,"applicable by reference",the husband and wife loyalty agreement is classified as an atypical contract through argument.It is through autonomy of will that both husband and wife raise part of their rights and obligations from moral adjustment to legal adjustment.Because the marital loyalty agreement is different from the general civil contract because of its personal and property nature,according to the different types of liability agreed by the parties,the loyalty agreement is divided into the loyalty agreement with the restriction of personal rights as the consideration,the loyalty agreement with the division of property as the content,and the hybrid loyalty agreement.It should not be regarded as valid or invalid in general,but the effectiveness of the loyalty agreement should be determined through typed disposal.The first part is an overview of husband and wife loyalty agreement and loyalty obligation,which comprehensively analyzes the connotation of husband and wife loyalty agreement and loyalty obligation,as well as the relationship and difference between loyalty agreement and loyalty obligation.It comes to the conclusion that "husband and wife should be faithful to each other" not only refers to the obligation of chastity,but also extends to the aspects of property and spirit.According to the data of the Ministry of civil affairs,since 2013,the number of marriage registrations has decreased year by year,the age of first marriage has increased,contemporary marriage values have also changed greatly at the economic level,and marriage relations have become a collection of "human relations property".The parties try to maintain the marriage of paying emotion and time by setting property responsibility for the duty of loyalty.The second part analyzes the judicial differences of the courts on the effectiveness of husband and wife loyalty agreement before and after the promulgation of the civil code,and comes to the conclusion that whether the "loyalty obligation" can be adjusted by legal norms is the key to whether the loyalty agreement can be supported by the court.The court has three different understandings of the attribute of loyalty agreement in its judgment: first,the moral attribute of loyalty obligation is recognized as friendship behavior;Secondly,the loyalty agreement is recognized as a civil legal act because it has the attribute of identity relationship and is not a general civil contract;Third,the specific quantification of the duty of loyalty by the party autonomy is recognized as the property "contract".The third part starts from the "contract" of marriage,and obtains the possibility of the agreement of loyalty in the loyalty agreement by demonstrating that the autonomy of will applies to the loyalty agreement,and the restriction on the loyalty obligation does not violate the right to personal freedom in the constitution.By analyzing the difference between loyalty agreement and identity agreement in civil code,it is concluded that the agreement signed between people with identity relationship is different from the agreement with identity attribute.With the expansion of the scope of application of the second paragraph of article 464 of the civil code,loyalty agreement can be classified as an atypical contract.The fourth part,according to the personal and property nature of loyalty agreement,classifies loyalty agreement into loyalty agreement with restriction of personal rights as consideration,loyalty agreement with property division as content and hybrid loyalty agreement,and demonstrates its effectiveness respectively.In the process of judicial application involving the effectiveness of husband and wife loyalty agreement,if it meets the special "personal agreement" compiled by marriage and family,the relevant provisions shall apply;If it is not a legal identity agreement,the effectiveness of loyalty agreement shall be determined through type analysis.If there is an effective loyalty agreement,its agreement shall prevail.It also puts forward the reasons and basis for limiting and shrinking the duty of loyalty on the premise of dissolution of marriage in the process of application.Clarifying the effectiveness of marital loyalty agreement reflects the response of justice to social needs,and once again proves that "the life of law lies not in logic,but in experience",which is of great significance to maintain the stability of marriage and protect personal legitimate rights and interests.