摘要
夫妻忠诚协议是夫妻双方在婚姻缔结时或存续期间签订的,约定相互忠实,不忠即予以损害赔偿等惩罚的协议。对该类协议的效力认定应作类型化处理,基本类型:分约定违约赔偿的忠诚协议、离婚时财产分割的忠诚协议、子女抚养权归属的忠诚协议、人身惩罚的忠诚协议四类。从所造成财产性不利后果角度看,在不违反法律或者公序良俗的基础之上,参照适用《民法典》合同编来认定夫妻忠诚协议之效力并无不妥。
A spouse loyalty agreement refers to the agreement signed by the spouses at the time when they get married or during their marriage,which stipulates that both of them should be loyal to each other and be subject to compensations as punishment for any infidelity.The validity of the spouse loyalty agreement ought to be defined according to the four basic classified categories,i.e.the one for agreed compensation against breaching,the one for property division at the time of divorce,the one for child custody,and the one for personal punishment.From the perspective of adverse property consequences so caused,it is not inappropriate to determine the validity of the spouse loyalty agreements in reference to the application of Civil Code as long as they are in tune with the laws,public order and good customs.
作者
刘烨
LIU Ye(Guangdong University of Foreign Studies,Guangzhou,Guangdong 510006)
出处
《司法警官职业教育研究》
2021年第1期58-65,共8页
Vocational Education Research of Judicial Police
关键词
夫妻忠诚协议
类型化处理
法律效力
Spouse Loyalty Agreement
Classified Settlement
Legal Validity
