夫妻忠诚协议研究

A Study on Marital Loyalty Agreement

摘要: 夫妻忠诚协议是将法定忠实义务予以契约化的身份协议。近年来，在社会上夫妻之间签订“忠诚协议”的情况大量出现，一方面原因是随着社会的转型，婚姻家庭以及两性关系也发生变化，“婚外情”“包养情人”之类的事情常有发生，部分人对爱情对婚姻存有不安全感；另一方面，在法治社会，用“合同”来约定某些事情已逐渐形成习惯。然而《民法典》及相关解释未明确如何调整夫妻忠诚协议，学界乃至司法实务界对其性质却莫衷一是，这也导致了法官在裁量案件时无法可依，有的法官对忠诚协议持支持态度，而有的法官却持相反态度，从而出现了同案不同判的情形，这无疑将会导致当事人的权利无法得到维护，正义得不到伸张，进而有损法律的尊严与权威。因此，需明确夫妻忠诚协议在《民法典》中的适用问题，统一司法裁判规则，对夫妻双方的权利能进行更好保护。

Abstract: The marital loyalty agreement is an identity agreement that contracts the legal obligation of loyalty. In recent years, there has been a significant increase in the number of “loyalty agreements” signed between couples in society. On the one hand, the reason is that with the transformation of society, marriage, family, and gender relations have also changed. Things such as “extramarital affairs” and “keeping lovers” often occur, and some people feel insecure about love and marriage; On the other hand, in a society ruled by law, it has gradually become customary to use “contracts” to agree on certain matters. However, the Civil Code and related interpretations do not specify how to adjust marital loyalty agreements, and there is a lack of agreement on their nature in academia and even in judicial practice. This has also led to the inability of judges to rely on when adjudicating cases. Some judges hold a supportive attitude towards loyalty agreements, while others hold a contrary attitude, resulting in different judgments in the same case. This will undoubtedly lead to the inability to safeguard the rights of the parties and the failure to uphold justice, which would undermine the dignity and authority of the law. Therefore, clarifying the application of marital loyalty agreements in the Civil Code and unifying judicial rules can better protect the rights of both spouses.