A spousal loyalty agreement is an agreement signed by both spouses on the basis of equality and voluntariness,based on the requirement of mutual loyalty,regarding the rights and obligations of the couple.The current legal system in China has not responded to the issue of the effectiveness of spousal loyalty agreements,resulting in the widespread phenomenon of different judgments in the same case in judicial practice.The resolution of issues related to the effectiveness of spousal loyalty agreements should take the theoretical debate as the starting point,conduct in-depth research on the substantive and formal requirements of spousal loyalty agreements,limit and interpret spousal loyalty obligations,and establish unified review procedures and compensation standards.When determining the liquidated damages,the judge may refer to Article 585(2)of"The Civil Code"and make appropriate adjustments as appropriate,in order to provide a practical and feasible balance reference for the court to resolve disputes over spousal loyalty agreements.
维普
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