Research On The Validity Of The Connubial Loyalty Agreement

In recent years, with the diversification of China’s economic development and ideological and cultural, increasingly rising divorce rate, more and more couples by signing a loyalty agreement to protect their legitimate rights and interests, and for recognition of the effectiveness of loyalty agreement in the divorce proceedings. Meanwhile, the effectiveness of loyalty agreement also caused extensive discussions judiciary and academia, and the emergence of a completely different judgments and academic point of view. But because of this law does not expressly provide that the Court in such cases on the basis of lack of judgment, resulting in loyalty agreement has become a judicial problem. In this paper, the status quo couple loyalty agreement, nature and applicable to explore, to analyze the effectiveness of marital loyalty agreement, mainly divided into five parts.The first part is about the different views and reasons for judicial practice in the couple loyalty agreement effectiveness. Judicial practice, the judge ruled that some couples loyalty agreement is valid, the judge determined that some couples loyalty agreement is invalid; the author of different cases of different situations and judgments made on the basis of the corresponding comparative analysis.The second part describes the different views and analysis of academic couples loyalty agreement or without effect. Ma Yi Nan, Chen Su, Yu Yan full loyalty agreement and so that the couple on suspicion of violation of citizens’ basic rights and other reasons, should be null and void. Jiang month, Chen Wei and so that the couple loyalty agreement due to compliance with the law, in line with the principle of freedom of contract and other reasons should recognize its effectiveness. The third part is the author of the theory of content couple loyalty agreement were thinking and discussion. Connotation and properties include marital duty of loyalty, the nature of marriage, the couple loyalty agreement connotation, nature and so on. Defines the bidirectional attributes of moral obligation and duty faithfully legal obligations, discussed the nature of the marriage contract, and analyzes the reasons for marital loyalty agreement is supplementary agreement of marriage, loyalty and value conflicts inherent in the agreement and choose todo the analysis. The fourth part author basic theory of the third part of the guidance to be analyzed to identify the couple loyalty agreement effectiveness. Involving personal content couple loyalty agreement invalid of course, it relates to part of the property as long as the couple loyalty agreement effective elements of civil behavior and compliance with the principle of fairness it should be recognized as valid.The fifth part the author couple loyalty agreement applicable in practice to do a specific analysis. To the couple loyalty agreement entered into force shall meet the requirements of the substantive content of the requirements and procedures. Solid content, the couple loyalty agreement should meet the effective elements of civil acts and in accordance with the principle of fairness, the program content, the parties in the investigation and evidence collection process should comply with the relevant laws and regulations.