“夫妻忠诚协议”引发的法律思考法学专业论文.docxVIP

1 1 2 2 Abstract Nowadays, as the divorce rate is increasing continuously, in order to buy a “peaceful security” for their marriage, the style of people using a paper agreement (marital loyalty agreement) to protect their romance and marriage has rose in the big cities quietly. Appearance of this phenomenon reflects that the thought to protect their marriage of contemporary people is strengthened obviously. Is the marital loyalty agreement effective? From the first unfaithful claim between husband and wife case happened in Shanghai, there is a big wave in China’s legal theory field and the pros and cons voice can be heard every where. The judicial practice’s opinion on its validity is also different, which results in the judicial embarrassment of decision inconsistent. In view of this, starting with two cases which are similar in details while different in results, this paper firstly introduces the disagreement about the marital loyalty agreement’s validity in current China’s judicial practice, then analysis the legislative status at home and abroad on loyalty duty between husband and wife and the background of the marital loyalty agreement, and defines it in legal perspective. Using the combined method of theory and practice, this paper judges the effect of marital loyalty agreement and researches its the application of the legal issues. Generally, the paper is divided into four parts: Part one defines the marital loyalty agreement. This paper analysis the legislative status at home and abroad on loyalty duty between husband and wife and the background of the marital loyalty agreement, and define it in legal perspective. Marital loyalty agreement is an agreement that in relation to the rights and duties and the the consequences of default then this paper gives a whole introduction from content and character. Part two observes the judgment of validity. Starting from the essence of marriage, including the agreement of personal relationship, this part observes that a