Jurisprudential Study On The Validity Of Marital Loyalty Agreement

In recent years,with the development of society and the improvement of economic level,people’s attitudes towards marriage have also changed,and the divorce rate remains high.One of the most important reasons for the breakdown of marriage is the occurrence of extramarital affairs.Although the Marriage and Family Code of the Civil Code stipulates the obligation of loyalty of the husband and wife,the obligation of loyalty does not only include the bad situations stipulated by several laws,such as bigamy,cohabitation with a spouse and others.People’s requirements for the fidelity of marriage have always been relatively high.However,all sexual acts outside marriage are unacceptable to the public at the ethical and moral level.In order to improve the relevant legislation on marriage and family in the Civil Code and meet the needs of the public,Try to protect the maximum rights and interests of the innocent party in divorce cases,and the marital loyalty agreement came into being.The marital loyalty agreement has its necessity in terms of both ethics and judicial practice.Of course,the establishment of relevant laws always lags behind.The marital loyalty agreement is the product of practice,and the academic community has always been controversial about its effectiveness.Before the promulgation of the Civil Code,in judicial practice,courts in different regions have different opinions on the validity of the marital loyalty agreement.Some high courts have also issued guidance on the marital loyalty agreement,but the application is chaotic.After the promulgation of the Civil Code,the Supreme People’s Court made it clear in the book "Understanding and Application of the Inheritance of the Marriage and Family Code of the Civil Code of the People’s Republic of China" that the court should not accept the disputes of loyalty agreement between husband and wife,and it is also neutral.This article explains the marital loyalty agreement from three aspects.The first part is the theoretical analysis of the marital loyalty agreement.From the perspective of jurisprudence,it analyzes the necessity of the existence of the marital loyalty agreement from the aspects of the type,nature,value and freedom basis of the marital loyalty agreement.The second part analyzes the different practices of marital loyalty agreement in theory and judicial practice from domestic and foreign aspects.The third part analyzes the problems in the legislation and supporting laws and regulations of the marital loyalty agreement and the deficiencies in the relevant legislation of the marital loyalty agreement and gives some suggestions.