论夫妻间忠诚协议的效力

Legal Effect of Marital Loyalty Agreement

夫妻间相互负有忠诚义务是婚姻法的明文规定。夫妻间订立忠诚协议的做法是伴随着婚姻出轨现象的增多而出现的,内容主要是不忠一方对另一方的赔偿问题,是夫妻双方拿起法律武器维护自身合法权益,法制意识增强的产物。夫妻忠诚协议使婚姻法抽象的法律规定具有了可诉性,其效力应当得到法律的承认和保护。

Husband and wife own the duty of loyalty for each other, which is expressly prescribed by the marriage law.The phenomenon that the couple concludes the loyal agreement appears with the more and more extramarital affairs and the main content is that the disloyal party compensates for the other. It is the result that the couple safeguard their rights through the law and enhance their legal awareness.Marital loyalty agreement makes the abstract legal provisions of the marriage law litigable, the efficacy of which should be protected and acknowledged by law.