Research On The Legal Application Of Couple Loyalty Agreement

Along with rapid economic development and the change of the idea about feelings,domestic divorce rate present a rising trend year by year,an increasing number of divorce disputes,caused to divorce related academic field and practice field,and many other issues In discussing issues related to divorce,the husband and wife loyalty agreement to create a series of widely debated Husband and wife loyalty agreement not unfounded,but intuitive reflect social life Marriage and family cases,the reality of divorce dispute about husband and wife loyalty agreement become the key of solving problems,combining with the agreement content and the specific case analysis optimization case,for realizing the justice of judgment this problem processing was proposed This article in violation of the husband and wife loyalty agreement after the applicable law as the research subject,in the existing couple loyalty agreement logging arrangement and analysis of typical cases to reflect problems of husband and wife loyalty agreement in the applicable law,thus for our country in violation of applicable law problems of husband and wife loyalty agreement provide new interpretationsThe first part is the introduction.It mainly includes the derivation of the question,the significance of the research topic,the review of the research status and the key difficult innovation points.It is of theoretical and practical significance to study the legal application of conjugal loyalty agreement.The second part is based on the theory and practice of squadron husband and wife loyalty agreement effectiveness of different points of view to make clear the effectiveness of husband and wife loyalty agreement.It proves that it conforms to the spirit of legislation in theory and makes up for the lack of legislation.In the judicial process,it is increasingly needed by people and provides ideas for solving marital disputes.In the third part,through the retrieval of Chinese judgment documents,30 effective judgment samples related to the keywords of the conjugal loyalty agreement are obtained for case analysis,and different judgment views on the violation of the conjugal loyalty agreement in judicial practice are presented.In the fourth part,the author analyzes the problems existing in the legal application of the marital loyalty agreement.The court’s judgment on the validity of the loyalty agreement has different results,which is related to the lack of relevant legislation and the different understanding of the nature of the loyalty agreement between husband and wife.And in specific cases there are difficulties in determining the violation of the fidelity agreement between husband and wife.The main focus of disputes in such cases lies in the following: there are differences in which laws should apply to the contract law,the marriage law and the general principles of the civil law in the loyalty agreement signed by the husband and wife;whether it is necessary to take into account the difficulty of the observant party in obtaining evidence in the system of evidence production;and the differences in determining the amount of liquidated damages and compensation agreed by the two parties.In the fifth part of the first through the standard of proof and the burden of proof to explain the determination of the violation of marital loyalty agreement standards.Secondly,according to the contents of the conjugal loyalty agreement,the adjudicative effect and applicable laws are detailed.It is proved that the conjugal loyalty agreement conforms to the property of contract law and should be adjusted through the relevant contents of contract law.