Whether the loyalty agreement has legal effect

Whether the loyalty agreement has legal effect

This case is due to the violation of marriage by one of the husband and wife “ Loyalty Agreement ” Caused by divorce disputes . The focus of dispute in this case lies in the “ Loyalty Agreement ” Whether it works ?
People who hold valid views are mainly based on the following reasons ：
One 、“ Loyalty Agreement ” It's not against the law . Mutual loyalty between husband and wife is the essential requirement of marriage .《 The civil code 》 The first 1043 It's all about “ Husband and wife should be faithful to each other ”, The regulation is “ Loyalty Agreement ” Legal basis for existence . Both husband and wife in full compliance with the spirit and principles of the marriage law , Without harming the personal freedom of citizens 、 Under the premise of personal health and the legitimate interests of the third party “ Loyalty Agreement ” It is the concretization of the above legal principles , It's not against the law .
Two 、“ Loyalty Agreement ” It does not violate public order and good customs . The purpose of signing such an agreement between husband and wife is to maintain the relationship between husband and wife , Stabilize the foundation of marriage , Punish infidelity that seriously deviates from marriage, such as extramarital affairs .“ Loyalty Agreement ” It reflects the essential requirements for the parties to a marriage to perform their marital Loyalty Obligations to each other , It conforms to the spirit of marriage law , It is also consistent with the social public interest , It is also consistent with China's traditional moral concepts .
3、 ... and 、“ Loyalty Agreement ” It has the nature of contract , It is the result of the autonomy of both husband and wife .“ Loyalty Agreement ” In essence, it is a supplementary agreement to the marriage agreement reached between husband and wife on the duty of loyalty , signed “ Loyalty Agreement ” Of the parties are adults with full civil capacity , They should have a clear understanding of the contents of the agreement and voluntarily bear the legal consequences . As long as both parties sign the agreement , The meaning is true , No fraud 、 Coercion and other situations , The agreement shall be deemed to be valid .
View that is invalid ：

On “ Loyalty Agreement ” The agreement of the involved property division and compensation agreement , We believe that although the law does not prohibit couples from signing such property agreements , However, such agreements can only be voluntarily performed by both parties in good faith , Not legally binding . The specific reasons are as follows ：
First of all ,“ Loyalty Agreement ” It's an identity agreement , Not subject to contract law . Even though “ Loyalty Agreement ” Most of the content of involves the disposal of property , However, such agreements are based on the specific marital relationship and identity relationship between the husband and wife , Its essence is identity agreement . 《 The civil code 》 The first 464 Article 2 The provisions of the article exclude marriage 、 Custody 、 Adoption and other agreements with personal relationship .
second , And 《 The civil code 》 The first 1043 Article about “ Husband and wife should be faithful to each other ” The regulations of all belong to advocacy 、 Sworn clause , It is not a mandatory provision of effectiveness , It is not actionable in itself . The above provisions are the legalization of marriage and family ethics , Clearly inform the state in the form of legislation of what kind of marriage and family relations it advocates , It embodies the spirit of legislation . But the duty of loyalty is essentially a moral obligation , Not a legal obligation . An agreement concluded by one husband and wife to exchange property or materials with the other party in consideration of this moral obligation , It is to set moral obligations in the form of contract , It cannot be regarded as an agreement to determine specific civil rights and obligations . Make it clear ：“ The party brings a lawsuit only on the basis of Article 4 of the marriage law , The people's court will not accept ; Accepted , To dismiss an action .”
Third , Legal intervention “ Loyalty Agreement ” It may cause great social risks .“ Loyalty Agreement ” In essence, it belongs to emotion 、 Moral category , If the parties voluntarily perform, it is certainly excellent , But if one party is unwilling to perform , Make mandatory adjustments in the name of the law , It exaggerates the penetration of morality in the legal field , The result is to bind feelings by law , Contrary to the spirit of marriage law , It is not conducive to the public interest .