A Study On The Agreement Of Connubial Loyalty

After the first"loyalty agreement"compensation case, whether the connubial loyalty agreement has the legal effect evokes extensive discussions. There is infinite disputation on whether the connubial loyalty agreement is a legal agreement, and if it is a legal agreement whether it must be endowed the legal effect. The author approves of the view that the emergence of the connubial loyalty agreement has its social foundation and positive value. The connubial loyalty agreement has the expressed meaning of setting up rights. The Marriage Law of China in force should endow the legal effect of the connubial loyalty agreement and prescribe the according of judgment.This paper proceeds as follows: preface, text and conclusion. As for the text, it consists of three chapters.Chapter one uses the empirical research method to analyze the connubial loyalty agreement. It contains two parts. The first part makes an investigation of the public about the connubial loyalty and the connubial loyalty agreement. It testifies the significance of the connubial loyalty agreement, the weak position of the loyalty person and the value of the connubial loyalty agreement in the adjustment of monogamy system through the investigation. It also proves the necessity of legal adjustment. The second part introduces the"loyalty agreement"compensation case and judicial and theoretic opinions. The author analyzes these opinions and advances the problems that are needed in the determination of the connubial loyalty agreement.Chapter two analyzes the legal attribute of the connubial loyalty agreement. The author approves that the connubial loyalty is a legal right and the connubial loyalty agreement is a legal agreement. The author also expounds the connubial loyalty agreement is a personal right agreement.Chapter three proves the necessity of adjustment of the connubial loyalty agreement from the angle in the value of the Marriage Law. Secondly, the author puts forward some legislation suggestions. The author analyzes the judicial according about the connubial loyalty agreement: subject, object, the real expressed meaning and the amount of compensation.