Public Order And Good Customs Examination In The Marital Identity Protocol

Marital status refers to the agreement concerning the status of marriage has produced based on the couple relationship of the parties have concluded and property relations based on identity relation agreement.Including loyalty agreement between husband and wife, the birth agreement, anti domestic violence protocol family agreement. Although the contract law for the relationship between husband and wife identity protocol is not adjusted, but the overall marital status agreement is a legal act, should be subject to legal action element constraints, its content can not be contrary to law and public interests, the nature of marriage and family ethics based on itself, its autonomy should be subject to public order and good customs restrictions obviously, so whether marital status agreement in violation of the principle of public order and good customs as a judge of a review tool and its effect is quite reasonable, but also practical method.Type from the marital status protocol violation of public order and good custom, can be analyzed from the aspects of content, motivation, content violates is inside or outside the violation of public order and good custom law is the basic right, constitution principle and law of the social mainstream moral standard. Motivation is the violation of content did not appear to violate, but the additional performance from a variety of actions or conditions of the agreement can launch motivation in clear violation of public order and good customs, from the effectiveness of several aspects of this comprehensive study protocol. For this protocol violation of public order and good customs, the consequences can be divided into void and invalid two. For all the motivation and violation of public order and good custom protocol identified as all invalid, and for part of the contents of violation of public order and good custom protocol is identified as part of the void. Based on the above two kinds of consequences, marital status protocol objective consists largely of maintaining family stability and happiness is based on, so in order to make the original purpose not because the content is not appropriate and not realize, but also reference to the experience from foreign law after the invalid identity protocol in our country and puts forward some ways of relief. In the part of the invalid marital status agreement put forward two kinds of relief measures supplemented and replacement identity protocol, in order to achieve the intention is not in violation of public order and good customs and realize the stable marriage. For all invalid identity protocol can be recovered without loss, the violations of the rights of the losses will request the tort damages.