论夫妻忠实协议及其效力

The Marital Loyalty Agreement and Its Validity

2001年《婚姻法》修正案首次在法律上确立了夫妻忠实义务。自此,夫妻忠实这一原本属于道德层面上的问题上升到法律层面。但由于该规定过于原则,可操作性不强,因而现实中许多夫妻通过签订忠实协议来进一步明确双方的责任。对于此类协议的效力,学界和司法实务界存在着较大争议。本文对现实中各种夫妻忠实协议进行归纳和分类,并对其效力进行了分析判断,对否认夫妻忠实协议效力的观点进行了剖析和反驳,对夫妻忠实协议的现实价值以及效力认定中的其他问题进行了论述。

For the first time, the ＂marriage law＂ amendment validated the mutual marital loyalty in 2001. Since then,the issues originally involved in morality has been transferred to the legal level. The amend- ment, however,is not highly operable because of the rigid principle. Thus many couples clearly define the responsibilities of both parties through the signing of mutual loyalty agreement. As for the validity of such agreement, there are a lot differences between the academic community and judicial practice. Various mari- tal loyalty agreements are classified and the related validity is analyzed in this paper; the viewpoint against the validity of the marital loyalty agreement is analyzed and refuted~ and the feasibility of marital loyalty a- greement and other issues involved in validity are argued.