On Effect Of Marital Loyalty Agreement Under The Civil Code

With reference to the Chinese Marriage Report 2021,it can be seen that Chinese people get married less and get married late,and at the same time were divorced more.With the development of social production and ideological progress,not only is the new generation of young people beginning to pursue independence and freedom,which has led to a significant decline in the marriage rate;at the same time,the high cost of marriage and childbirth in modern society makes the new generation of young people discouraged from marriage.The western pursuit of spiritual freedom,romanticism,and the influence of economic development have caused great changes in China’s marital status,which are mainly reflected in the significant decline in the marriage rate,the divorce rate,and the continuous increase in the age of first marriage.The phenomenon of late marriage and late childbirth among the new generation of young people is prominent.Divorce disputes due to unfaithful marriages are increasing day by day,and signing a loyalty agreement before or within marriage has become the choice of many people.Whether the loyalty agreement should be endowed with legal effect,whether it is enforceable,and how to implement it has become a hot topic of discussion in the academic circle.This article starts with relevant cases of judicial trials,sorts out different theoretical viewpoints on the effectiveness of loyalty agreements,and discusses issues such as the effectiveness of loyalty agreements,the application of laws,and judicial measures to regulate dispute resolution through literature analysis and empirical analysis.The specific research goals are as follows:First,collect judgment documents of local courts on marital loyalty agreement,and analyze the reasons for the judgment,the local court’s determination and reasons for the validity of the couple’s loyalty agreement,and understand the current judicial situation of the loyalty agreement.Secondly,starting from the analysis that the marital loyalty agreement should belong to the contract,it introduces the legal attributes of the marital loyalty agreement.It is demonstrated that the loyalty agreement between married people is a contract,and according to the second paragraph of Article 464 of the Civil Code,it falls under contract law,and the breaching party shall bear the responsibility for breach of contract.Analyze the responsibility standard for breach of contract in the marital loyalty agreement,and delimit loyalty duty in the marital loyalty agreement.Finally,try to discuss the legal regulation of marital loyalty agreement.Supplement the substantive conditions and procedures of the spouse loyalty agreement,and propose judicial measures to improve dispute resolution.