Research On Legal Issues Of Marital Loyalty Agreement

As people’s awareness of the rule of law grows,there is less and less tolerance for extramarital affairs.In order to maintain the harmony and stability of marriage and family,people regulate the faithful behavior between husband and wife by means of autonomy of will based on the principle of voluntary equality.When terminating marriage in the future,they agree in advance on the legal liability for violating the duty of chastity.There is no clear provision on the husband and wife loyalty agreement in the law,and academic circles have different views on the husband and wife loyalty agreement.By combing the cases in judicial practice,it is found that the court applies different judgment rules in hearing such cases,which affects the image of legal fairness and justice.Therefore,this thesis studies the following aspects of marital loyalty agreement from the perspective of empirical analysis.Firstly,it combs the theoretical disputes of husband and wife loyalty agreement,compares and analyzes various theories,and obtains the meaning of husband and wife loyalty agreement.This thesis believes that husband and wife loyalty agreement has dual legal nature,that is,identity legal relationship and property legal relationship,which is characterized as an atypical contract under the broad contract.Whether it has legal effect should be examined and determined separately,that is,the legal effect of the agreement should be discussed separately according to the type and content of the agreement.Secondly,in order to ensure the pertinence of the research,through the empirical analysis of the cases involving marital loyalty agreements in the past decade,it classifies the cases in terms of time,judgment level,effectiveness and basis of law application,and discusses the focus of disputes over judicial decisions on marital loyalty agreements.Thirdly,from the legislative and judicial practice to analyze the focus of the dispute of marital loyalty agreement,that is,the legislative reasons for the absence of marriage legal system and the existing effective judicial guidance in various places contradict each other;The problems in judicial practice include different legal application basis,different understanding of infidelity and difficulty in proving according to law.Finally,on the premise of affirming its legal effect,based on the lack of regulation of husband and wife loyalty agreement in the current legislation and judicial interpretation,this thesis puts forward some suggestions to improve the legal application of husband and wife loyalty agreement from the aspects of clarifying the legal application of husband and wife loyalty agreement,the principles that should be followed in identifying infidelity behavior and determining the parties’ burden of proof and responsibility.Marital loyalty agreement is the product of natural development in real life and the embodiment of the progress of the construction of socialist rule of law.At the same time,it also reflects the rapid awakening of the concept of rights and personal consciousness.The law needs to clarify and standardize this issue.I hope some of the views of this thesis can provide some reference for the judicial practice of marital loyalty agreement.