Publication details
Autonomie vůle a povinnost manželské věrnosti
| Title in English | The Principle Autonomy and Marital Fidelity Duty |
|---|---|
| Authors | |
| Year of publication | 2021 |
| Type | Chapter of a book |
| MU Faculty or unit | |
| Citation | |
| Description | Pursant sec. 687 of the Czech Civil Code spouses shall respect each other, live together, to be faithful, to respect each other's dignity, to support each other, to maintain a family community, to create a healthy family environment and to take care of children together. Some scholars consider duty of marital fidelity to be mandatory, some think that the spouses might deviate this rule freely by their agreement. The article promotes arguments for interpretation of the fidelity duty within the terms of mutual sincerity, trust and community of life. However, for example, an agreement between the spouses on mutual sexual non-exclusion may not in itself affect these attributes in any way, and in such a case the sexual non-exclusivity of the spouses should not be perceived as a violation of the sec. 687 of the Czech Civil Code. |