夫妻忠诚协议的法学思考

Judicial Reflections on Husband and Wife Signing Loyalty Agreement

夫妻忠诚协议是一种身份协议,不应以合同法的观念来理解。这种协议具有非道德性,不仅可能导致婚姻关系的异化,也会形成对人身自由的约束,最终使婚姻自由名存实亡,因此不应承认其法律效力。

Loyalty agreement between husband and wife is a personal agreement and should not be perceived as against the contract law. As it does not conform to moral standards, it can not only lead to alienation between the spouses, may also pose as restraints of personal freedom, which may result in failure of marriage. Therefore, its legal effect should not be recognized.