Post Date April, 15 2023
In my eyes, all couples are in a contractual relationship, but the content of the contract is different. I admit that a 'wedding paper' with an annual salary system is abnormal, but we both ask for what we need and get what we need. "This is a line from Mingyue, the wife of Fu Ji'an, the second son, in a popular TV series on CCTV called" The Happiness of the Boss ". Although Fu Ji'an and Mingyue are husband and wife, there is a contract between them. Fu Ji'an provides Mingyue with an annual salary of 500000 yuan, and Mingyue is responsible for accompanying Fu Ji'an to socialize with him when needed.
The contractual marital relationship in this film and television drama has sparked heated discussions among many people. Marriage is not only a personal love story, but also the strictest social and economic contract.
In real life, various types of marital contracts are common——
Marriage Loyalty Contract
After his divorce from his ex-wife, Yu met and married Ms. Wang through a marriage proposal in 1999. Due to the fact that both parties are remarried, for the sake of caution, a "agreement" is signed, which stipulates that the property before and after marriage shall be owned by each party, and that they shall respect and love each other during their common life after marriage, and have a sense of morality and responsibility towards their family, spouse, and children. Therefore, Article 2 of the "Breach of Contract Liability" section of Article 3 of the agreement specifically emphasizes: "If one party engages in unethical behavior (extramarital affairs, based on facts) that betrays the other party due to moral issues during the marriage period, they will be subject to legal sanctions and economic compensation. As compensation for the other party's reputation and mental losses, the agreed amount is 300000 yuan
Shortly after, Ms. Wang discovered that Yu had an affair. After the divorce of the two, Ms. Wang sued Yu for violating the "loyalty contract" between the couple and demanded that the court order Yu to pay a penalty of 300000 yuan. The Fengtai Court has determined that the marital loyalty contract entered into between the plaintiff and defendant on a voluntary basis is valid, and has ruled that Yu will pay Ms. Wang 300000 yuan. Yu appealed and later reached a settlement agreement, paying Ms. Wang 250000 yuan.
Anti Domestic Violence Contract
Ms. Tian and Mr. Cao registered for marriage in July 2007. After marriage, Ms. Tian often had arguments due to poor handling of the relationship with her mother-in-law. After another argument between his mother-in-law and daughter-in-law, Mr. Cao started hitting her. A "war" broke out between the couple: Ms. Tian insisted on a divorce. Under the mediation of relatives and friends, Mr. Cao apologized to Ms. Tian and promised not to hit anyone again in the future. At Ms. Tian's request, Mr. Cao wrote a guarantee letter stating that if he hit someone again, he would pay Ms. Tian a compensation of 10000 yuan. But within a month, he started again, and Ms. Tian was injured and admitted to the hospital.
After discharge, Ms. Tian filed a lawsuit to the court requesting a divorce and demanded that Mr. Cao pay her 10000 yuan as agreed. During the trial, Mr. Cao agreed to divorce. The court granted divorce to the two and ordered Mr. Cao to pay Ms. Tian 10000 yuan as agreed.
Property contract
During their romantic relationship, Qi and Miss Zhen purchased a house located in Fengtai District under the name of Qi and lived together for a long time. On November 30, 2007, Qi officially proposed to break up with Miss Zhen. On the same day, the two signed an agreement stipulating that they would jointly contribute to the purchase of the house they lived in, and both parties would jointly own the ownership. In addition, Qi also signed a statement reaffirming the fact that the property in question was jointly purchased and shared by both parties, and stated that Ms. Zhen's share of the property would be converted into RMB 220000 based on the increase in housing prices. However, he was unable to offset the amount in cash for Ms. Zhen, so he compensated her with a limited period of free residency rights and allowed her to live in the property for free until March 1, 2034.
In March 2008, Qi filed a lawsuit in court, claiming that the property in question was his personal property. Due to his significant misunderstanding, he signed an agreement and statement, which was also unfair. He requested the court to revoke the agreement and statement. After hearing, Fengtai Court held that both the agreement and statement were true declaration of will of both parties, and there was no major misunderstanding and obvious unfairness, so it finally rejected Qi's claim.
Resolve household registration contracts
Mr. Sun and Ms. Zheng worked together in Beijing after their marriage. In 1999, Ms. Zheng was admitted to graduate school, and Mr. Sun provided his wife with a master's degree. Ms. Zheng, who has completed her master's degree and still wants to pursue a doctoral degree, said that by pursuing a doctoral degree, she can obtain a Beijing household registration for two people. Mr. Sun is worried that the gap between his wife and himself will widen after pursuing a PhD. If his household registration cannot be resolved, all these years of hard work will be in vain. In 2001, the two reached an oral agreement that Mr. Sun would continue to provide his wife with a doctoral degree. After Dr. Zheng graduated, she helped Mr. Sun resolve his Beijing household registration.
From then to 2008, Mr. Sun covered all family expenses and also repaid the family's housing loan. However, after completing her doctoral studies and becoming a postdoctoral fellow, Ms. Zheng has not fulfilled her promise to help her husband solve the household registration problem. In July 2009, Mr. Sun claimed that his wife's failure to fulfill the agreement had caused him great injury and filed for divorce. Ms. Zheng does not agree to divorce. After the trial, the Fengtai Court found that the couple had a good emotional foundation, and Mr. Sun's litigation reasons were insufficient, which was rejected.
Judge's statement
Contracts are not the "good medicine" for protecting marriage
The famous British jurist Maine once said that all movements in progressive society are a movement from identity to contract. Looking at the marriage systems of various countries around the world, it seems to confirm this assertion. Marriage involves ethics and morality, and legislation in various countries also strives to avoid legal intervention in the field of marriage and family by adjusting economic relations. For example, Article 2 of China's Contract Law stipulates: "The contract referred to in this Law is an agreement between natural persons, legal persons, and other organizations that are equal subjects to establish, change, or terminate civil rights and obligations; agreements related to identity relationships such as marriage, adoption, and guardianship shall be governed by the provisions of other laws
However, as private rights are increasingly respected, there are more and more cases where couples set each other's rights and obligations through contracts. These agreements mostly share a common characteristic - that is, the close combination of identity rights and property rights, and often take the ownership of property interests as the ultimate legal consequence of the agreement. Modern marriage has become so fragile that people have lost their sense of security by taking vows of brotherhood and sea vows. People are more inclined to maintain the safety of marriage through contracts to ensure their own financial interests after marriage breaks down.
From the current judicial practice, courts have varying opinions on the effectiveness of contracts. Some recognize it on the grounds that the parties are equal, voluntary, and do not violate mandatory legal provisions; Some argue that agreements in the field of marriage and family cannot be deemed legally binding on the grounds of contractual relationship adjustment. However, it is undeniable that the emergence of marriage contracts is not an accidental phenomenon, nor is it just a legal issue, but also a social issue. It can be said that contracts are not a "good medicine" to protect marriage, nor can they tie the wings of marriage. Mutual respect, trust, and careful management between couples can make marriage stable and warm.
