The Loyalty Agreement between Couples under the Systematic Perspective of the Civil Code
With the promulgation of the Civil Code and judicial interpretation,the problem of"different judgments in the same case"in the trial of loyalty agreement cases has not been solved.Facing the question of whether the loyalty agreement is valid,this paper examines the internal relations among the general provisions,mar-riage and family,contract,tort liability and personality rights of the Civil Code from a systematic perspec-tive,and finds that the loyalty agreement still has room for application in breach of contract and divorce pro-ceedings.On the basis of clarifying the preconditions and exceptions of the validity of loyalty agreement,this paper discusses the path of separate prosecution by referring to the applicable contract and the function of ev-idence assistance in divorce proceedings.The judiciary can make reasonable discretion on the claims of liqui-dated damages,property distribution and compensation for mental damages in combination with the principles and specific contents of the Civil Code.
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