“忠诚协议”效力“度”的探讨研析



  忠诚协议并不是严格的法律术语,只是在新闻媒体中大量使用。多数人所认可的含义就是:婚姻当事人或者恋爱的双方达成书面或者口头协议,出现不忠诚行为的一方需要承担相关赔偿。国外的家庭构成主要是夫妻双方的横向纽带,国内的主要是父子为中心的纵向纽带关系。夫妻双方为了家庭责任维持的关系看似长久,其实并没有达到西方人那样重视双方关系的维护。在这样的契约论占主导的背景下,婚前协议也是有必要的。当今国内离婚率持续增长,包二奶、婚外情等婚姻负面的问题已经成为人们茶余饭后的谈资。经济基础的改变也促成了社会结构的变化,人们也更加关注夫妻间横向的关系。

  Loyalty agreement is not strictly legal terms, but in the news media in large quantities. Most people recognized the meaning is this: love, marriage party or a written or oral agreement reached by both sides, the party needs to appear disloyal behavior bear the relevant compensation. Foreign spouses family composition is mainly horizontal ties, domestic Sons centered mainly longitudinal ties. Couples double for family responsibilities seem to maintain long-term relationships, in fact, did not reach the West is so highly of bilateral relations maintained. In such a contract theory dominant in the context of a prenuptial agreement is necessary. Continued growth in today's domestic divorce, mistresses, extramarital affairs and other marital problems have become negative talk of gossip. Changes in the economic base also contributed to changes in the social structure, people pay more attention to the relationship between husband and wife laterally.