The Effectiveness of Property Liability Clauses in the Loyalty Agreement of Couples and the Improvement of the System
In recent years,the loyalty agreement of couples began to be regarded as a guarantee of mutual loyalty to each other,which appears more and more frequently in civil lawsuits.However,our country has not promulgated the relevant laws to make a unified provision of the validity of this agreement,which has led to controversy between the judicial and academic circles about the legal effect of the property liability clause in the loyalty agreement of couples.Firstly,the concept and content of the property liability clause of the loyalty agreement of couples are defined,and the judicial adjudication situation and academic views in the past five years are sorted out.Then,the validity of the property liability clause in the loyalty agreement of couples should be clarified from three aspects:legal applicability,necessity and validity.On this basis,the legislation should clarify the validity of the property liability clause in the loyalty agreement of couples,the separate justiciability,the rules for the allocation of special burden of proof,and the rules for the enforcement of compensation,so as to improve China's marriage and family legal system.
loyalty agreement of couplesproperty liability clauselegal validitysuggestions for improvement
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