Research On The Legal Issues Of Nonmarital Cohabitation

The relatively stable relationship that a couple of partners who are not married butlive together is called concubinage in this dissertation. The expression of "nonmaritalcohabitation" which is neutral and objective is difficult to be born. For the long time,the issue has either been simplified as "the relationship between law and morality" byacademic circles and hidden behind the traditional issues, or has been entitled with"illicit cohabitation" by traditional families, or equaled with "de facto marriage". Withthe cancel of concubinage, the standard change of de facto marriage has been lack oflogid and science.The change of the society leads to people's attentions to issues ofnonmarital cohabitation. The law applicable to the plight of the value of academicresearch and legislation to improve the significance. The legal system of non-maritalcohabitation involves personal relations, property relations, and the three sections of theparent-child relationship, as well as internal validity and external effectiveness of twolevels, the establishment of their value, the legislative model selection and systemdesign are inseparable from China cohabitation practice visits and draw on theexperience of extraterritorial legislation. Treated differently and the value of theprinciple of neutrality, respect for the autonomy principle, the principle of fairness andjustice and the protection of children the best interests principle should be the valueorientation of China's non-marital cohabitation legislation;"different from marriage tocohabitation" mode should be the choice for our country at this stage of non-maritalcohabitation legislation;Only regulating the highly connected couples personalrelationship should be the basic line of legislation;The issue of cohabitation legalproperty system and the "In principle, the negative, conditions, restrictions on formaldistinction between" limited relief system should be the essential part of the legislationof non-marital cohabitation;Determining the new form of the parent presumptionsystem and giving all children equal legal status should be the common aim of the legislation of non-marital cohabitation and the reform of parent-child relations.