Fiduciary Duties Of Husband And Wife

Marriage is based on love between men and women, the legal spouse with each other, because love is exclusive, then the mutual loyalty is a basic code of conduct between husband and wife. "Marriage Law" Article 4 "husband and wife should be faithful to each other," This is a legal advocacy terms, reflecting the jurisprudence established in law husband and wife for the duty of loyalty consensus.In this paper, the meaning of duty of loyalty from the husband and wife, against the obligation of fidelity to husband and wife type of behavior, historical evolution, the practice run to explore obstacles and legislative reflection. Make the current system has three major flaws: the violation of marital duties narrow scope of legal regulation, breach of duty of loyalty couples relief path to a single injured party, husband and wife duty of loyalty out of touch legislative and judicial practice.Duty of loyalty to husband and wife is a form of obligation to the right, the right to property is a personal right to an identity. China's "Marriage" section 4 of the couple made the duty of loyalty provisions in principle, but do not have to Litigation. This article will explore the duty of loyalty to further clarify the need for couples, and couples the major countries within and outside the duty of loyalty to analyze the situation, then based in China, proposed to expand the scope of legal regulation, building civil liability mechanisms within a marriage, the couple finds that the effectiveness of loyalty agreements , would violate the duty of loyalty as a husband and wife legal reasons for divorce and marital duty of loyalty breaches of rules of evidence five and improve the mechanism.