Research On Validity Of Couple Loyalty Agreement

With the development of society,citizens’ legal consciousness is increasing,child custody and other issues,husband and wife loyalty agreement has become a new focus,but also become a hot issue from all walks of life.The loyalty agreement between husband and wife is signed because of lack of trust,and the duty of loyalty is embodied,which is also regarded as the amulet of marriage.However,the loyalty agreement between husband and wife is not a legal professional term,and there is no clear stipulation in Chinese law,which leads to the failure to effectively define and solve the related problems in the event of disputes between husband and wife loyalty agreements.It can not be properly applied in judicial practice.This makes it difficult for people’s courts to make effective and reasonable judgments according to laws and regulations once there are related disputes and conflicts in the trial of cases.The attitude of each court to loyalty agreement is also very different,so it is necessary to study the related problems of husband and wife loyalty agreement in depth.Husband and wife loyalty agreement is a complex proposition involving many fields,such as law and morality.In order to strengthen the pertinence of the research,this paper starts with the case of husband and wife loyalty agreement,and uses empirical research,logical reasoning and other methods to find out the problems of husband and wife loyalty agreement disputes and the shortcomings of the law to husband and wife loyalty agreement,so as to put forward effective targeted suggestions.Based on the disputes caused by the husband and wife loyalty agreement,this paper investigates the court’s understanding of the legal effect of the nature of the husband and wife loyalty agreement in judicial practice,refines the judicial wisdom,and excavates the practical problems faced by the court in practice.In real life,a large number of objective existence of husband and wife loyalty agreement and the lack of relevant laws in China,as well as the continuous controversy in legal theory and different treatment in judicial practice,make it particularly important and urgent to study this problem.In order to conduct a systematic and in-depth study on this issue,the author,by consulting the relevant information before,draws up this paper to focus on the legal application of marital loyalty agreements in typical cases,and summarizes and analyzes the main problems existing in Chinese legislation and judicial practice.The first part summarizes and analyzes 60 cases of marital loyalty agreement between January 1,2012 and January 1,2020.Of the 60 judgments,the people’s court supported the validity of the husband and wife loyalty agreement for 15,the people’s court supported the husband and wife loyalty agreement invalid 15,and the people’s court avoided talking about whether the loyalty agreement was valid or not in the judgment result.Although the validity,procedure and execution of marital loyalty agreement have not been clearly defined in both theoretical and judicial practice,through the analysis of 60 judicial precedents related to marital loyalty agreement from 2012 to 2020,we can see the judicial dilemma of the people’s court in the face of the legal effect of marital loyalty agreement.The second part demonstrates that the people’s court determines the validity of the husband and wife loyalty agreement.By proving that the agreement is in conformity with civil law,that the agreement does not harm the public interest,that the development of society lays a realistic foundation for the agreement,and that the agreement can reduce the cost of judicial relief,I hope to give the agreement validity,and expect to avoid it when it is no longer encountered.The third part,through the analysis found that the Chinese law in the husband and wife loyalty agreement deficiencies and deficiencies,combined with China’s specific national conditions to improve the relevant legislation.Put forward their own shallow opinions,hoping to find a better legal solution for the disputes between husband and wife loyalty agreement in the future judicial practice.