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夫妻忠诚协议的效力学界莫衷一是,但在现实生活中夫妻忠诚协议已被广泛应用,其效力也得到过司法认可,因此有必要对已经存在或即将订立的忠诚协议进行规范,从而完善我国婚姻损害赔偿制度,减少法律的不确定性对缔约当事人造成的损害。本文拟从现行法律规定出发,对现有夫妻忠诚协议内容的有效性进行解读,以期为完善夫妻忠诚协议提供参考意见。
However, in reality, the loyalty agreement has been widely used and its effectiveness has been approved by the judiciary. Therefore, it is necessary to standardize the existing loyalty agreement or to be completed, so as to perfect the compensation for marital damages in our country System to reduce the damage caused by the law uncertainty to the contracting parties. This article intends to proceed from the current legal provisions to interpret the validity of the contents of existing loyalty agreement so as to provide reference for perfecting the loyalty agreement.