Author(s)

Mocheng Sun ¹

Affiliation(s)

¹ Law School, China University of Political Science and Law, Beijing, 100088, China

Corresponding Author

Mocheng Sun

ABSTRACT

As a kind of marriage and family relationship maintenance mode, marital loyalty agreement has gradually become a new marriage and family mode, which strengthens the fulfillment of husband and wife's loyalty obligation. The promise of "Divorce without property rights" is the concrete manifestation of the husband and wife's loyalty obligation in the marriage law, which is similar to a kind of sworn right, but lacks the legal obligation validity guarantee. Therefore, there are differences and disputes in the identification of the effect of "Divorce without property rights". How to accurately position and judge the effectiveness of the promise of "Divorce without property rights" is the key to properly solve the problem of divorce property disputes in China. In the civil law circle, the discussion on the effect of the commitment to Divorce without property rights mainly focuses on the basic concepts of civil law, such as expression of intention, contract and contract, and the content of the discussion is mostly partial to the theory of department law. How jurisprudence is involved in the study of the effect of "Divorce without property rights" commitment and how to optimize the legal analysis of this legal phenomenon is another dimension to solve this problem. Jurisprudence can provide argumentation ideas for civil judgment. Jurisprudence takes the resources in the field of general jurisprudence as a reason or argument to support the views of judicial judges, which can enhance the reasoning effect of judicial judgment. Regarding the attitude towards the effectiveness of the "Divorce without property rights" commitment, there is not much difference between jurisprudence and civil law, and it is only effective, invalid or depending on the situation. What jurisprudence needs to do is to clarify the connotation and legal basis of the promise of "Divorce without property rights", optimize the legal analysis of the promise of "Divorce without property rights", and put forward theoretical viewpoints that are in line with the legal principle and sense, so as to provide new judgment ideas and sufficient reasoning value for the judiciary.

KEYWORDS

Jurisprudence; Divorce without property rights; Marital loyalty agreement; Validity judgment

CITE THIS PAPER

Mocheng Sun, The Validity of the Commitment of "Divorce without Property Rights" in the Jurisprudential Perspective. Science of Law Journal (2023) Vol. 2: 30-38. DOI: http://dx.doi.org/DOI: 10.23977/law.2023.020805.

REFERENCES

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