The Analysis Of The Effectiveness Of The Couples’ Loyalty Agreement And The Legal Response

Nowadays,social differentiation and social mobility under the condition of market economy have changed people’s attitude towards marriage,and the temptation from the outside world has brought many marriages into crisis.Many people think that a marriage certificate alone is difficult to maintain the relationship,so think of signing a "husband and wife loyalty agreement",trying to better maintain a long-term harmonious marriage and protect the rights and interests of the fault-free party after the marriage broke down.However,whether in the judicial or academic circles,it is not possible to form a unified opinion on whether the loyalty agreement has the legal effect for a long time in a contentious situation.The existence of a large number of husband and wife loyalty agreements and the lack of relevant legal regulations in China make this problem particularly prominent.This article will be divided into four parts: the first part will define the concept of "faithful obligation" and "loyalty agreement",combined with the content of husband and wife loyalty agreement to carry on the typology analysis;the second part will carry on the concrete appraisal to the two theories of "husband and wife loyalty agreement",that is,"effective theory" and "Invalid Theory".On this basis,the main points of this paper are put forward,the third part will be from the moral obligation and legal obligation of the argument,identity relationship and contractual relationship,the obligation of punishment and the Defense of the obligation of compensation,such as the effectiveness of the "husband and wife loyalty agreement" to initiate a legal argument;Part IV,the author tries to expand the scope From the angle of perfecting the burden of proof system and introducing "third party" tort damages,this paper seeks the alternative choice of "loyalty agreement",puts forward a new path to solve the predicament faced by the current judicial practice,and perfects the problem of damages caused by marital infidelity from the system.