论文部分内容阅读
《婚姻法》第四条关于夫妻应当互相忠实的条款不仅仅是倡导性规范,更有法律上的实际意义。同时,其存在有其自身的合理性。但存在一些缺陷,需要立法者进行完善,使其落实为真正法律意义上的条款。而分居制度是对该义务违犯的良好救济途径。但法律不宜将“忠实协议”作为法定救济措施。
The article 4 of the Marriage Law, which stipulates that the couple should be loyal to each other, is not merely a normative norms and more legal practical significance. At the same time, its existence has its own rationality. However, there are some flaws that need to be perfected by legislators so that they can be implemented as genuinely legal terms. The separation system is a good remedy for this obligation. However, the law should not “faithful agreement ” as a statutory remedy.