Ownership Of Property Research On Non-marital Cohabitation

As a living arrangement instead of traditional marriage between two persons,non-marital cohabitation is more and more prevalent and widely accepted. Many countries have established a set of law on cohabitation,which is in parallel with the law of marriage. This law tends to recognize and protect non-marital cohabitation relationship,and to extend the family-style legal regulation to cohabiting partnership. Until now, our law has not made clear of the concept of non-marital cohabitation. This had and will have a negative impact on judicial practice. As one of the Sticking points of non-marital cohabitation legislation of countries in the world, property relation is on the basis of ownership of property. However, unfortunately, provisions on the ownership of property in our country also have deficiencies.As one kind of social phenomenon, non-marital cohabitation has profound practical reasons. The law should not turn a blind eye to it. Therefore, the author studies the law of ownership of property of non-marital cohabitation in typical countries by taking the comparative approach. Besides, through an analysis of the relevant Chinese legislative history, the author has a reflect on the provisions of the ownership of property of non-marital cohabitation in our country. On this basis, the author tries to provide legislative advice on the ownership of property of non-marital cohabitation in our country.This thesis was made up of four parts, relatively as follows: Problems Raise——Concepts Outline——Foreign Legislation Research——Legislation ProposalsPart one: Problems Raise. Through an analysis of marriage and family law in our country, ChapterⅠraises two problems: One is the blur of the concept of non-marital cohabitation; Anther is the legal loophole of the ownership of property. On this basis, this chapter raises the other relevant problems.Part two: Concepts Outline. After discussing the concept, the author defines"non-marital cohabitation"as the following: The two persons with different sexes make a open living arrangement continuously and steadily without traditional marriage and without violating the essence of the establishment of the legal marriage. On this basis, the author discriminates the relevant concepts to make clear of the concept of the non-marital cohabitation. Besides, outline the relevant concepts such as property system, common property and personal property.Part three: Foreign Legislation Research. By studying the law of the ownership of property of non-marital cohabitation in typical countries, autonomy principle can be internationally recognized as the primary principle to adjust the ownership of property of non-marital cohabitation. Besides, the majority of countries do not tend to adopt common property system to adjust the ownership of property of non-marital cohabitation.Part four: Legislation Proposals. ChapterⅣfirstly expounds on the development of non-marital cohabitation in our country and the necessary of the legislation on the ownership of property. Secondly, this chapter, through an analysis of the relevant Chinese legislative history, has a reflect on the provisions of the ownership of property of non-marital cohabitation in our country. Thirdly, raise some legislation proposals to perfect the relevant provisions in our country.