Judgment Of Law Applicable To Couple Loyalty Agreement

With the ever-changing social life and the rapid changes in people’s ideas,the loyalty agreement has gradually become a new form of adjusting the relationship between husband and wife.However,the Marriage Law promulgated in 2001 and the judicial interpretation issued by the Supreme People’s Court,which were no explicit stipulation on the legal application of the loyalty agreement,making the legal application of the loyalty agreement in legal theory and judicial practice exist many disputes.To solve these problems,the purpose of this paper is to use the legal application of couple loyalty agreements as the research topic.Through the discussion on the existing typical cases of loyalty agreements for couples,this paper rethinks the legal application dilemma of the loyalty agreement,and analyzes the legal application of the loyalty agreement within and outside the domain applies,thus providing a new interpretation for the legal application of the loyalty agreement in China.The full text consists of five parts:The first part is the introduction.It mainly includes the introduction of problems,literature review,the significances of the research and innovation points.First of all,through the investigation of the marital status in some areas of our country and the cases concerning the marital loyalty agreement which the court heard.It is found that the legal application of the loyalty agreement has become a problem in the judiciary.Therefore,the study of the legal application of the loyalty agreement has the following theoretical significance and practical significance:First,the study provides academic reference for the study of the law of loyalty agreement;Second,the study enriches the research of marriage contract regulations.;Third,it can help to guide the judges to judge the cases of the loyalty of the couple and promote the justice and unity of the judiciary.;Fourth,It can help to guide couples to sign legal and effective marital loyalty agreements,and promote the stability and harmony of marriage.The second part is the types of the marital loyalty agreement in judicial practice.Firstly,it analyzes the three types of couple loyalty agreements in judicial practice:a loyalty agreement that violates the obligation of loyalty to bear the personal consequences,a loyalty agreement that one party of the breach of duty of loyalty bears the loss or compensation for the consequences of property,and the agreement of mixed type.Secondly,the characteristics of the couple’s loyalty agreement were analyzed.Once again,the three adjustment effects of the loyalty agreement for couples were elaborated,namely,it can promote the fulfillment of loyal obligations and maintain the stability of the marriage;It can supplement the fragmentary nature of article 4 of the Marriage Law;It can expand the autonomy of marriage parties.The third part is the legal application dilemma of the loyalty agreement.This part mainly includes the embarrassment of the application of department law caused by the nature of the loyalty agreement,the difficulty of the law application of the change of the loyalty agreement,and the legal application of the validity of the loyalty agreement.The fourth part is the comparison and enlightenments of the legal application of extraterritorial couple loyalty agreements.This part introduces the loyalty agreement applicable system of the United States,Britain,France,Germany,from the comparison of foreign legal systems to our country,we can learn from the legal application of the loyalty agreement.The fifth part is the legal application path of couple loyalty agreement.Through the foregoing analysis,the author believes,first of all,the loyalty agreement should apply to the civil legal behavior system in the General Principles of the Civil Law;Secondly,the changes in the loyalty agreement of the husband and wife should apply to articles 133 to 142 of the General Principles of the Civil Law;Again,the validity of the loyalty agreement shall apply to Articles 143 to 160 of the General Principles of the Civil Law.Finally,elaborate the suggestion of the judge’s discretion in the judicial practice of the loyalty agreement of husband and wife.