On The Loyalty Agreement Of Husband And Wife

Since the first case of loyalty agreement has been judged, the nature and the effect of it are still in dispute. The theoretic circle hasn't reached a consensus, and the practical field doesn't have a common criterion. The case of loyalty agreement becomes a difficult problem in trying a divorce case. The research of loyalty agreement has certain theoretical significance and far-reaching pratical significance.In this paper, the author holds an attitude that loyalty agreement has legal validity, which is base on the opinion of marriage contract. Loyalty agreement is effective legal act. After talking about the type, concept and effect of loyalty agreement, the author puts forward how to perfect the question about it. There are three parts in this paper, including foreword, main body and peroration. The main part is divided into five chapters.Chapter One talks about the types and the concept of loyalty agreement. The convention usually relates to duty of loyalty. The author will give a brief analysis.Chapter Two gives the reason why loyalty agreement exists, including legal cause and society cause. Chapter Three introduces the attitude of the theoretic circle and the practical field. In the practical field exists a strange phenomenon, that the similar case didn't get the same judgment. In the theoretic circle, there are two opposite point of view. The attitude of The supreme judicial court is full of complications. In the following, the author gives his own opinion.Chapter Four analyses the effect of loyalty agreement. Marriage has the same idea as contract and loyalty agreement is legal act. Chapter Five is the last part of the thesis. In this part, some measures to perfect loyalty agreement will be given.