An Empirical Study On The Validity Of Marital Loyalty Agreement

The development of society changes the traditional values.The traditional concept of husband and wife is under the impact of today’s diversified values,and divorce becomes common.In order to safeguard the fidelity of marriage and protect the legal rights and interests of the parties involved in the marriage,it has become a new trend for the two parties to sign a loyalty agreement before or after marriage.Throughout the Chinese law,about the essence and effect of loyalty agreement,there is no provision.In practice,under the discretion of judge,there are a lot of "same case and different judgment" phenomenon,which is detrimental to the judicial authority.In order to determine the validity of the marital loyalty agreement,this paper adopts the empirical research method in view of various existing problems and classifies and interprets the precedents from 2013 to now according to different types.On the premise of classification according to the agreement,the legal basis for the application of loyalty agreement is discussed together,and its effectiveness is reasoned and judged,and research conclusions are drawn and their own design and views are put forward.The full text consists of the following three parts:The first part is the interpretation of the connotation of the marital loyalty agreement and the display of different viewpoints.The connotation and type of the husband and wife loyalty agreement are defined respectively.The interpretation of this concept will screen the content range of the loyalty agreement discussed in this paper,that is,the agreement between men and women for the purpose of safeguarding their feelings and safeguarding their legitimate rights and interests.Different types of agreements are listed on display,and four mainstream theories including valid theory,invalid theory,natural debt theory,and not legally binding theory are displayed,as well as the opinions of representative figures.The following conclusions are drawn: the theoretical and practical circles have not formed a unified understanding of the nature and effectiveness of the agreement,and the current legislation has no clear provisions.The second part is the summary and classification of judicial cases.Based on the website of China Judicial Documents and with the keywords of "loyalty agreement" and "loyalty agreement",this paper summarized and sorted out the judgments of these cases in all administrative regions and courts at all trial levels in China since 2013.In the form of charts,it clearly shows the distribution of disputes caused by marital loyalty agreement in the whole country,the increase in the number since 2013,the proportion of five judgment opinions,and the different attitudes and opinions on the same cause in different regions and at different trial levels before and after the introduction of the Civil Code.Enumerate the reasoning of different reasons and explore the basis behind the judge’s opinion.Finally,according to the classification of agreement types,the reasons for the current tendency of judgment are analyzed.The third part is under what circumstances to determine the validity of the loyalty agreement should choose what way to explain.Firstly,it explains the uncertainty of the legal basis of the current judgment,the ambiguity of the reasoning of the judgment,and the different understanding of the litigability of the agreement.Secondly,the author puts forward his own understanding and views on the legal regulation of loyalty agreement,innovatively puts forward the "effect doctrine" judgment path,and expounds the necessity,rationality and feasibility of this path in the current judicial environment of China,which proves that this theory is a practical theory.To resolve the same case of different convictions and promote justice.