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Research on Marital Loyalty Agreement

Author: ShaLei
Tutor: LiJianHua
School: Jilin University
Course: Legal
Keywords: Loyalty Agreement Legal Validity Mandatory Legal Norms
CLC: D923.9
Type: Master's thesis
Year: 2013
Downloads: 89
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Abstract


Marital loyalty agreement appeared in people’s field of vision with judicial cases,as marriage is the most complicate social relationship; marital loyalty agreementcaused a big controversy. Controversy mainly focused on whether such agreementshave the force on law. This paper focuses on the controversy of marital loyaltyagreement, the article is divided into three parts, and the main contents are as follows:The first part is defining the meaning of marital loyalty agreement, type, andcivil adjusted basis. First, based on the definition of “loyalty” by scholars, the“loyalty” we discussed in this article refers to narrow loyalty, that means husband andwife have the duty to be loyalty on sex. Secondly, according to the contents of maritalloyalty agreement to division the type. Finally, according to the laws in force to findthe way to adjust marital loyalty agreement. The law to protect the victim whendivorce is not comprehensive and the loyalty duty lack of operability and the ContractLaw can’t be applicable on marital loyalty agreement. But the author thinks thatGeneral principles of the civil law can be used to adjust the marital loyalty agreement.The second part is the analysis of the marital loyalty agreement. First, becausethe marital loyalty agreement appears in the judicial practice, the validity of maritalloyalty agreement caused controversy, judicial workers and scholars have not formeda unified point of view, is divided into positive and negative factions.They bothhope Supreme People’s Court can solve this problem. However, during drafting of theInterpretations of the Supreme People’s Court about several issues concerning theapplication of the Marriage Law (III), Supreme People’s Court seems uncertain aboutwhether to confirm or to deny the agreement. The Supreme People’s Court deletes theinterpretations of the marital loyalty agreement finally. Since there is no conclusive,controversy still exists. The author believes that the emergence of loyalty agreementsto compensate for lack of legal provisions loopholes, the marital loyalty agreementshould be affirmed. The third part focused on legislation proposals to improve our legislative. Theright of a spouse should be added to the Marriage Law, the compensation for damageof divorce is the rule which need to consummate. So the marital loyalty agreementcan be operability. It would play a guiding role in the law; also help to protect theinterests of marriage.

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CLC: > Political, legal > Legal > Chinese law > Marriage Law
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