Research On The Validity Recognition Of Connubial Loyalty Agreement

With the rapid development of the society,people's marriage concept is accordingly changing,divorce became a more common phenomenon in modern society.Many couples in order to maintain the marriage between each other and prevent unbroken family from disloyal behavior,they tend to sign a connubial loyalty agreement to regulate the couple's behavior of loyalty and achieve the purpose of family harmony and stability.However,when the connubial loyalty agreement enter the judicial process,the validity of connubial loyalty agreement will become one of the focal points and difficulties.Because there is no concrete specification about the validity recognition of the connubial loyalty agreement in our country's current legal system,it leads to the phenomenon of different verdicts in same or similar cases,this became an important factor for us to study the validity recognition of the connubial loyalty agreement.The main body consists of 5 parts,about 30,000 characters.The first part,introduces basic situation of the case and put forward problems.Through three cases about the connubial loyalty agreement in judicial practice,founds that there are different decisions and verdicts about the validity of connubial loyalty agreement,then raises the cases of the hidden disputes and reflect on legal consideration.The second part is the importance of the validity of connubial loyalty agreement.Analysis of four factors: the needs of the development of marriage,the embodiment of the social progress,the necessary of perfecting law and the resolve of judicial problem.It is concluded that the importance of regulating the validity of connubial loyalty agreement.The part three is about the jurisprudence analysis of connubial loyalty agreement.Firstly,it analyses the definition of connubial loyalty agreement,starting from the meaning and types,it is concluded that the connubial loyalty agreement is an agreement between husband and wife to ensure each other loyalty and marriage not derailed.According to its main content,it is divided into three types: property,personal and mixed type.Then it analyses the relationship between the couple's loyalty agreement and marriage contract,law,morality,the current "marriage law","contract law",in turn,it provide the corresponding legal basis for the research of validity definition of connubial loyalty agreement.Secondly,this paper expounds the validity of the argument about marital loyalty agreement in the theoretical circle and judicial circle.Specifically,there are support said;invalid said;effective distinguish said;said with pending validity;natural debt said and notarization effective said and so on,on the comparison to these theories analyze and put forward my own views,I tend to support effective distinguish said.The part four is the deficiency of connubial loyalty agreement 'validity identification in current situation of legislation and judicature.Aim at the lack of legal system,leads to commonly exist different verdict in similar cases of judicial practice.This damages law dignity,so there is an urgent need to strengthen the unified specification.The fifth part is about the analysis of perfecting the validity identification of connubial loyalty agreement.Through the above discussed in detail,the writer put forward the relevant legislative and judicial suggestions of perfecting the validity identification of connubial loyalty agreement: legislation explicitly recognize the legal validity of husband and wife loyalty agreement,and specifies the content and form of contract,stipulates different terms of the loyalty agreement involves personal and property;in judicial situation,unifies the trial standards of couple's loyalty agreement.