The Analysis Of The Legal Force Of Marital Loyalty Agreements

With the development of China’s market economy and the diversification of social consciousness,the marriage and family relationship based on traditional Chinese morality has been greatly impacted and challenged.The erosion of economic rationality and individual priority consciousness,as well as the decrease of the proportion of emotion,lead to the weakening of the stability of marriage relationship,as evidenced by the increasing divorce rate in China.The marital loyalty agreement,which uses economic means to maintain the relationship between husband and wife,emerged at the right moment.Since the first case of marital loyalty agreement in Shanghai was concluded in 2003,more and more marital loyalty agreements have appeared in divorce disputes and related lawsuits.However,there is no clear and unified legal regulation on the validity of conjugation loyalty agreement,and it is difficult to reach an agreement in the field of judicial practice or in the academic field of debate.On the whole,there are three views on the validity of the conjugal loyalty agreement: the positive view,the negative view and the natural debt view.The key to answer the question about the validity of marital loyalty agreement is to judge the validity of the agreement according to the social effect.Specifically,both in terms of the affirmation and negation,typed difference between cognizance and natural point of view of it,are not only on the basis of legal logic,because all of the above views are law support can say-sure that interesting autonomy and component elements of civil juristic ACTS endorsement,negative have a faithful obligation not v.and the principles of the freedom of marriage,Therefore,it is difficult to go further simply by relying on legal theory.In this paper,we should face up to the positive significance of marital loyalty agreement,its function and spirit are adapted to the development direction of The Times,and we should hold a positive attitude towards it.It is divided into three chapters.The first chapter focuses on the categorization analysis of marital loyalty agreement.Through the statistics of judicial case data and the evaluation and analysis of representative cases,it extracts the problems existing in the practice of similar cases.The second chapter analyzes the viewpoints of the academic circle one by one,and separates and combines the reasonable viewpoints of the positive theory,the negative theory and other theories.The third chapter puts forward the idea of marital agreement property system,proves it from three aspects of judicature,legislation and jurisprudence,and solves the incidental legal problems under the idea.