The Judicial Dilemma And Countermeasures For The Effectiveness Of The Spouse Loyalty Agreement

Loyalty agreements are of great significance in improving the legal system of marriage,enhancing judicial credibility,protecting the rights and interests of parties,and promoting good family style.However,judicial practice shows that different courts have different standards for the determination of the nature and validity of the marital loyalty agreement and the admissibility of evidence,and the phenomenon of different judgments in the same case is remarkable.However,in theoretical research,the nature and effectiveness of loyalty agreements are fiercely debated,and there is no conclusion,which cannot provide theoretical support for the judicial practice of loyalty agreement disputes.Based on the dual needs of theory and practice,this paper adopts the method of combining literature analysis and case analysis to define the meaning of loyalty agreement,analyze the nature of loyalty agreement,and make it clear that loyalty agreement can refer to the relevant provisions of the contract part of the Civil Code according to its nature.Legal validity of the agreement.At the same time,the legislative status and judicial practice data of loyalty agreement are sorted out,and the ambiguity of legal provisions and the hidden complexity of case facts in the application of loyalty agreement disputes have resulted in the transformation between facts,theory and practice,and the lack of unified judgment by judges.The basis,the misunderstanding of infidelity,and the highly probable standard of proof lead to judicial dilemmas such as heavy burden of proof and limited rights and remedies for the faithful party,and put forward countermeasures.On the basis of previous research,this paper analyzes the extent to which the marital loyalty agreement applies to the "Civil Code" contract,and demonstrates that the contract breach can be applied to mental damage compensation.In order to solve the problems of difficulty in obtaining evidence and protection of rights and interests,explain the application of law for "other major faults",define infidelity,give loyalty agreements a separate actionable nature,determine loyalty agreements as new civil causes of action,and enforce loyalty agreement disputes before mediation.Introduce the family investigator system,in order to benefit the trial practice of disputes over loyalty agreements between husband and wife,unify the application of laws,enhance the protection of the faithful party,improve judicial credibility,and promote good family style.