Research On The Legal Problems Of The Premarital Cohabitation

Practice appeared more and more no marriage registration and as a couple lived together as long-term stability of the case, the property problem between couples cohabiting, inheritance issue, children often become people problems such as dispute reason. But practice to these questions, but has no unified solution, make this a problem rather study of space. Therefore, I will the premarital cohabitation of the legal issues research topic to write as. Register marriage mode of marriage and family structure in China have been dominated, however, of modern society have been long-term there exists another kind of family life mode. This kind of life style and legal couples living in content, there is no different, in this life mode also happen division of property, and child raising questions, etc. This kind of life style that is this paper tries to explore the the premarital cohabitation. The premarital cohabitation and legal marriage life are the main difference between the premarital cohabitation both sides before marriage registration, so they don't have the name of husband and wife. We cannot marriage law about the couple rights and obligations of the regulations shall apply to the marriage couples cohabiting body, however the premarital cohabitation trigger legal problems and more and more prominent, we cannot turn a blind eye. For example: for the premarital cohabitation of the children's interests protection problems, the premarital cohabitation of the property of the segmentation problem, the premarital cohabitation the rights and obligations of the parties relation, etc. It is due to practice more and more problems arose to choose this subject, this paper studied and discussed.This paper mainly divided into six parts, the first part of the premarital cohabitation of the definition and constitutions is expounded, due to the premarital cohabitation of the theoretical circle definitions varied, based on the introduction of the definition of the various scholars put forward in this paper after for the premarital cohabitation meaning of understanding. This section also explains the premarital cohabitation of the constituents of the premarital cohabitation definition of a more detailed analysis, discusses constitute the premarital cohabitation of several elements. The second part elaborates some foreign countries and China about the premarital cohabitation of the legislation introduced the present situation and the premarital cohabitation in countries by discrimination is to be legal protection of historical evolution, this part of our country about the premarital cohabitation of the current legislation is evaluated. The third part discusses the premarital cohabitation both personal relationships, cohabitation both property inheritance problems, support and assistance obligations and inside certain limits of authority. According to our country the provisions of the succession law, obviously the premarital cohabitation by one of the other party's heritage not inherit. However, in some cases, cohabitation party may inherit the other party's heritage, this paper will be discussed. The fourth part of the premarital cohabitation triggered property, discusses the problems, this part elaborates the premarital cohabitation the property obtained during the properties. Property problem in the premarital cohabitation occupy the important position, it also become almost every unmarried cohabitation removes all will inevitably involve problems. The fifth part elaborates wedlock interests protection problems, with potential floodgates of wedlock have the same legal status, yet wedlock interests and can't get strong protection, wedlock problem cannot be ignored. The sixth part discusses the unmarried cohabitation of lift and the legal consequences, practice appeared in many disputes occurred in co-habitation is more lift process, therefore this paper is necessary to stop the cohabitation bobies related problems are discussed, the main problem is married cohabitation of the lift way, remove the procedure of property of segmentation problem, remove the debt after assume and child support problem. This paper by above six parts, around the premarital cohabitation trigger the legal issues discussed.