The loyalty agreement has no legal effect

It's basically useless, it's the equivalent of a written agreement. However, the content of the agreement also needs to comply with the relevant laws. If the other party does not want to abide by this agreement in the event of a dispute, it still needs to rely on the relevant laws to make a judgment.

Some excessive demands will not be upheld by the court (e.g. leaving the house, etc.).

Legal analysis: with legal effect, husband and wife should be faithful to each other, the Civil Code allows husband and wife to agree on the ownership of the property of both parties, which is binding on both parties, if the "loyalty agreement" is the true intention of both parties, then the agreement does not violate the law, is legal and valid, and will be supported by the law.

Legal basis: Article 1065 of the Civil Code of the People's Republic of China A man and a woman may agree that property acquired during the marriage relationship and property before marriage shall be owned separately or jointly, or partly separately or partly jointly. The agreement shall be in writing.

Where there is no agreement or the agreement is not clear, the provisions of articles 1062 and 1063 of this Law apply. The agreement between the husband and wife on the property acquired during the marriage and the property before the marriage is legally binding on both parties. If the husband and wife agree that the property acquired during the existence of the marital relationship shall belong to each other, and the debts owed by the husband or wife to the outside world are known to the counterpart, the personal property of the husband or wife shall be repaid.

Whether a loyalty agreement is legally valid or not is not clearly stated in the law.

Therefore, there are many opinions in judicial practice, and some people believe that the arbitration agreement belongs to the category of morality and should not be given legal effect, which is a bit like a bad ending.

A loyalty agreement is legal and valid as long as it is entered into voluntarily by both parties and the content does not violate the provisions of the law.

Therefore, for a loyalty agreement to be supported by the law, it must do the following:

The first is that it must be laughed at and signed voluntarily by both parties, and there must be no fraud and coercion;

The second is that the content must be legal. For example, there must be no clauses that restrict the personal rights of others, such as restricting the freedom of divorce and the custody of children.

The third is that the agreed compensation should not be too high. In the distribution of property, the basic livelihood of the other party should be guaranteed.

1. How to make a marital property agreement effective.

A marital property agreement is valid if it is entered into if:

2. At the time of signing the agreement, both men and women have full capacity for civil conduct.

3. The agreement is signed voluntarily by both men and women, and there is no fraud or coercion.

3. The content of the agreement does not violate the mandatory provisions of laws and administrative regulations, and does not violate public order and good customs.

4. The agreement shall be signed in written form.

2. How to write a marital fidelity agreement.

The first part of the marital fidelity agreement should clearly state the names, ages, ID numbers and other identity information of both parties; In the main part, the main content of the duty of loyalty should be stated. For example, the rights enjoyed. Obligations that need to be fulfilled, etc.

Finally, both parties sign and indicate the time. And the content of the agreement shall not violate the provisions of the law, otherwise it will be invalid. A marital fidelity agreement is a written agreement signed in response to the distrust of the parties to the marriage or to remind the parties to avoid unfaithful behavior, which often stipulates that the party who violates the duty of fidelity shall pay compensation to the other party, or give up part or all of the marital property.

Article 143 of the Civil Code provides that civil juristic acts that meet the following conditions are valid:

1) The perpetrator has the corresponding capacity for civil conduct;

2) The meaning is genuine;

3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.

Loyalty agreements are only legally valid if they meet the statutory requirements for validity. The content of loyalty agreements is very extensive, and at present, in the judicial practice of China, there are still controversies about the legal validity of loyalty agreements concluded between men and women, and it is generally necessary to confirm the validity of the agreement according to the actual facts of the case.

Civil Code of the People's Republic of China

Article 143.

Civil juristic acts that meet the following conditions are valid:

1) The perpetrator has the corresponding capacity for civil conduct;

2) The meaning is genuine;

3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.

Civil Code of the People's Republic of China

Article 1043.

Families shall establish a good family style, carry forward family virtues, and attach importance to the establishment of family civilization.

Husbands and wives should be faithful, respectful and caring for each other;

Family members shall respect the elderly, love the young, help each other, and maintain equal, harmonious, and civilized marriages and family relationships.

Marital fidelity agreements are legally valid if they meet the legal requirements. The specific conditions are that the agreement is a clause on property, the agreement complies with laws and regulations, the intention is genuine, and both parties have the corresponding civil capacity.

Legal basis] Article 143 of the Civil Code of the People's Republic of China is valid for civil juristic acts that meet the following conditions: (1) the actor has the corresponding capacity for civil conduct; 2) The meaning is genuine; (3) Do not violate the provisions of laws and administrative regulations on the compulsion of neutral limbs, and do not violate public order and good customs. Article 144:Civil juristic acts carried out by persons without capacity for civil conduct are invalid.

The above is only the current information combined with my understanding of the law, please refer to it carefully!

If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.

Legal analysisIn general, a loyalty agreement has legal effect, but the following conditions must be met: (1) the parties should have complete civil capacity; (2) The agreement shall not be violated in the current segmentLaws and Regulationsmandatory provisions; (3) the meaning must be true; (4) Other relevant conditions need to be met.

Legal basisCivil Code of the People's Republic of China

Article 143:Civil juristic acts that meet the following requirements are valid: (1) the actor has the corresponding capacity for civil conduct; 2) The meaning is genuine; (3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.

Article 1043: Families shall establish a positive family style, carry forward family virtues, and attach importance to the establishment of family civilization. Husbands and wives should be faithful, respectful and caring for each other; Family members shall respect the old and love the young, help each other in need, and maintain equal, harmonious, and civilized marriage and family relations.