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The Validity of Compensation Agreement for Break-up between Not Married Couples

Author: YeZuoMin
Tutor: ZhangLiHong
School: East China University of Political Science
Course: Civil and Commercial Law
Keywords: Non-marital cohabitation The parted Compensation Agreement Good morals
CLC: D913
Type: Master's thesis
Year: 2011
Downloads: 54
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Abstract

Non-married cohabiting couples break up, the two sides often parted agreement signed: cohabitation relationships for the lifting of the man promised breakup compensation paid to the woman. Our judicial practice, the man is not according to the agreed payment of compensation, the woman as the basis for the prosecution to the agreement or IOUs judgments of different courts each other differences from such cases to the court, the article starting around to break up the effectiveness of the compensation agreement finds, on the agreement is a violation of kindness The customs principle explore. The first chapter, the author problems exist on a court decision analysis, presented the judge applies the principles of morals must explain the reasons for judgment, should not be doing the the validity of the arbitrary moral choice, moral arguments to make a specific analysis on specific situations. The second chapter, combing through the concept of morals and the theory leads to good morals principles apply existing judicial practice problems and explain the necessity of the study of the problem. Good morals is the concept of \The author attempts through the following path: to fill a specific application of the general standard of good morals and value judgments in specific cases fully theory certificate and jurisprudence, the typed the good customs law applies on stability Hop purpose. The third chapter discusses the value judgments of the judgment object of morals and the law applicable should be how good morals. This chapter the following conclusions: First, the judgment of morals legal behavior, violation of good morals motivation affect the effectiveness of the legal acts under certain conditions. Second, according to the purpose of good customs, norms - Non promote moral measure is a violation of the standard of good morals moral of the community's dominance. Judges make value judgments, should be cautious general ethical considerations accepted by the majority of people in society. Third, as long as it does not lead to a legal order to immoral behavior to fulfill mandatory legal act is not perverse good morals, and the effectiveness of the legal acts should be affirmed. Learn from Taiwan and Germany law on the relevant judicial practice in the relevant precedents and combination of the foregoing conclusion, the use to the jurisprudence of this paper, I derive the break up compensation agreement whether violation of good morals of the judgment should be legal act itself effectiveness start cohabitation The relationship does not affect the effectiveness of both property given behavior. Motives of jurisprudence compensation agreement did not violate good morals at sever cohabitation relationship compensation agreement does not violate good morals should be protected by law.

The Validity of Compensation Agreement for Break-up between Not Married Couples

Abstract

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