On Legal Nature and Validity of Husband and Wife Loyalty Agreement
The loyalty obligation of husband and wife is the moral obligation,but also the legal obligation stipulated by the current marriage and family legislation.The husband and wife loyalty agreement is the identity agreement,whose essence is the husband and wife to specify the legal loyalty obligation based on the autonomy of will.In the link of effectiveness identification,the loyalty agreement has difficult prob-lems such as the true expression of meaning identification,the fuzzy boundary of loyalty obligation,and the lack of property responsibility adjustment standard.The investigation of whether the true expression of the parties should be considered in the specific scenario of marriage and family,and at the same time,the identification of fraud and coercion should improve the tolerance of their negative interaction.The scope of loyalty obligation should be limited to the dynamically rich sexual loyalty with the development of society.When the property liability of the fault party is too high,the court can adjust the too high property liability agreement based on the specific factors of the fault degree of the couple,the contribu-tion degree to the marriage and family,and the actual performance ability,so as to restore it to the ratio-nal range.
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