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On the Loyalty Agreement between Husband and Wife

Author: YouYuJuan
Tutor: WangPing
School: Nanjing University
Course: Legal
Keywords: Marriage Duty of loyalty Loyalty agreement
CLC: D923.9
Type: Master's thesis
Year: 2011
Downloads: 279
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Abstract

Chinese society has entered the a comprehensive transition period, transition and to enter the information society is being used by a traditional agricultural society to a modern industrial society. Along with the social transformation in all aspects of China's politics, economy, culture, life, ideas have undergone a profound transformation. The performance of this revolution in the family is \The salient features of the continuous improvement of people's awareness of the law is the progress of the times the performance. With the increasing prosperity of society, people's view of the world, life and values ??also will slowly change. Very low in this pluralistic society, the limits of freedom, as long as it does not violate the law, everyone can play a free show self. A lot of people to break through the traditional shackles to break the phenomenon of moral imprisonment, extramarital affairs, mistresses, contrary to the fiduciary duties of husband and wife, the greatest threat to a marriage. In order to better protect the legitimate rights and interests of their own, many couples set a couple loyalty agreement \Sadly, even signed a loyalty agreement, or can not put an end to an extramarital affair phenomenon. Innocent Husband while under enormous psychological trauma, did not forget to use legal means to each other was brought to the court to punish the other to make up their own pain. Loyalty agreement effectiveness some Court of support, some courts against loyalty agreement became social hot spot. The paper is divided into five parts, the first part of the questions, the two cases leads. The second part describes the issue of marriage, about the nature of marriage, gender inequality in marriage. The third part is the legal effect of the couples loyalty agreement discussed, the loyalty agreement in line with civil legal acts Elements. This section also stresses the extraterritorial provisions of the Law concerning the fiduciary duties of husband and wife, the loyalty agreement is a violation of the public order and good morals. The fourth part focuses on the social practice of couples loyalty agreement, analyzed and discussed the problems faced by the loyalty agreement judicial practice, the social impact of the loyalty agreement. The fifth part written conclusions put forward some of the views of the author, if the notary issues and evidence collection problems. Recognize the validity of the case I believe that the elements of civil legal acts, in couples loyalty agreement. Signed a loyalty agreement of the parties must be lawful marital relationship; Secondly, the couple signed agreement has full civil legal act capacity, and completely out of voluntary; once again, the agreement can not be in violation of the law mandatory provisions and public order and benign vulgar, such as those on personal provisions should be strictly limited, only limited extramarital sex, and can not restrain each other's personal freedom; Finally, the subject of the agreement can only be limited to a certain amount of money, and the other party shall have to fulfill the possibility. In short, the couple's loyalty agreement problem is very complex, and the legal recognition of their effectiveness at the same time, from the clear and strict procedures specified in the legislative and judicial. Social progress, continuous improvement of people's awareness of the law, has been avoiding the loyalty agreement can not fundamentally solve the problem, only to acknowledge its existence and proposed related programs in order to avoid the embarrassing situation of the the codefendant different sentence \

On the Loyalty Agreement between Husband and Wife

Abstract

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