A Study On The Effectiveness Of Marital Loyalty Agreement Under The Background Of The Civil Code

In the modern affirmative family,in order to maintain the stability of marriage and family,the phenomenon that the husband and wife make a loyalty agreement to limit the occurrence of extramarital sex is increasing.The marital loyalty agreement is the contractual expression of the marital loyalty obligation,which is the embodiment of the autonomy of meaning in the field of marriage and family.Its nature belongs to the identity relationship agreement.Article 464 of the Contract Compilation in the Civil Code completes the systemization between the contract compilation and the marriage and family compilation,and provides an institutional channel for the application of the contract compilation rules in the identity relationship agreement.Therefore,the validity of the conjugal loyalty agreement can be recognized by applying the relevant provisions of the contract compilation in the Civil Code.Therefore,this paper takes the Civil Code as the basis of normative analysis,relies on the court’s judgment results on the marital loyalty agreement in practice,studies and judges whether the promulgation of the Civil Code has an impact on the court judgment,and further puts forward the validity identification rules of marital loyalty agreement under the perspective of the Civil Code,providing theoretical support for judicial practice.Specifically,this paper first conducted case search on the marital loyalty agreement,and compared and analyzed the court’s judgment results by taking the promulgation of the Civil Code as the time node.It found that the promulgation of the Civil Code did not change the court’s judgment disagreement on the validity identification of the marital loyalty agreement.In practice,The people’s court also did not take Article 464 of the Contract of the Civil Code as the judgment path to determine the validity of the conjugal loyalty agreement.Judging from the results of the court,the promulgation of the Civil Code has not had a substantial impact on the determination of the validity of the marital loyalty agreement,and there are still disputes in the judgment of local courts on the determination of the validity of the marital loyalty agreement.From the analysis of court rulings,it can be seen that the court’s rulings on the validity determination of the marital loyalty agreement mainly focus on whether the parties to the marital relationship can agree on the loyalty obligation between the husband and wife through the autonomy of each other’s will,that is,whether the marital loyalty agreement can be characterized as a legal act in the field of civil law,so as to discuss whether it is legally binding.To answer this question,it is necessary to verify whether the loyalty agreement between husband and wife is legally binding in theory.As the basis of the marital loyalty agreement,the obligation of loyalty belongs to both moral obligation and legal obligation.The parties can agree on the obligation of loyalty through autonomy of will.The marital loyalty agreement is the embodiment of the principle of autonomy of will in the field of marriage and family,and it is an identity relationship agreement involving the exercise of identity rights and the performance of obligations of the couple.It should not only be regarded as the friendly behavior between the parties,but as a legally binding civil behavior,which can be included in the scope of legal adjustment.On the background of China’s Civil Code,Article 464 of contract Code provides that the status relationship agreement in the field of marriage and family can be adjusted according to the rules of contract law,which changes the attitude about the status relationship agreement in the second article of the original Contract Law.The marital loyalty cooperation is a kind of identity relationship agreement,which involves the marital relationship and is closely related to the obligation fulfillment and property payment between the parties.It is possible to apply the contract compilation of the Civil Code.Then,the rules for determining the validity of the marital loyalty agreement can be summarized from the aspects of the subject of behavior,expression of intention,content and form,and the validity judgment requirements of the marital loyalty agreement can be clarified.The people’s court in the judicial judgment shall be the civil code as the legal basis of marital loyalty agreement effectiveness,and with the aid of this article to the contract of article 508 and apply general provisions on civil legal act system,the loyalty agreement conforms to the effective requirements should recognize its effectiveness,play its in promoting family harmony,maintaining the value of marriage stability.