"Love Contract": Is It Recognized by Law?

In reality, there is no shortage of extramarital relationships and relationships based on emotional and financial exchanges. To ensure the maintenance of this relationship, the parties sign a contract outlining the responsibilities and obligations of each party. When everything is smooth, there's no issue, but when the relationship reaches the "fading" stage and is forced to "break down," many choose to return gifts and part ways to end the relationship. However, not a few cases are brought to the media, or even court, for resolution. At that point, the contractual relationship is revealed with shocking issues. However, from a legal standpoint, is this "relationship contract" recognized or not?

The relationship contract is established based on mutual agreement, signed by both parties, and can be considered a civil transaction. Civil Code 2005 stipulates that a civil transaction is a contract or unilateral legal act that creates, changes, or terminates civil rights and obligations. A civil transaction is valid when it meets the following three conditions:

- The person participating in the transaction has civil act capacity;- The purpose and content of the transaction do not violate legal prohibitions and are not contrary to social ethics;- The participant in the transaction is completely voluntary.

Certainly, both parties have full civil act capacity and are voluntary when signing the relationship contract. However, regarding the purpose and content, it is necessary to see specifically whether the civil transaction violates social ethics.

Social ethics are commonly recognized and respected behavioral standards among people in social life, accepted by the community. A person who is married but engages in an outside relationship with another person is violating the social ethical standards.

For civil transactions that have a purpose and content that violate legal prohibitions and are contrary to social ethics, the transaction becomes null and void and leads to the following legal consequences:

- It does not create, change, or terminate the civil rights and obligations of the parties from the time of establishment.- The parties restore the original state, return to each other what they have received; if they cannot return in kind, they must return in money, except in cases where the transaction property, yields, and profits obtained are confiscated according to legal regulations. The party at fault causing damage must compensate.

From the above analysis, we can conclude: "Relationship contracts" with the purpose of exchanging emotions for money are invalid civil transactions with no legal value.

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