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Legal Studies Of Regularizing Non-marital Cohabitation

Posted on:2006-07-10Degree:MasterType:Thesis
Country:ChinaCandidate:J ZhouFull Text:PDF
GTID:2166360155963554Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Precis: Non-marital Cohabitation is that 2 unmarried heterosexual adults live together in a relatively fixed place for a period of time, who act as a husband and a wife. "Non-marital" and "Cohabitation" are the keywords this thesis focuses on. The resilient power of traditional marriage, to some extent, permeates and shapes non-marital cohabitation, but the original differences of these two in question lead, to the difference of the actual regularization. For the changes in China's legislation about de facto marriage, non-marital cohabitation appears to be another choice to a man and a woman except lawful marriage. The demand for regularizing non-marital cohabitation is increasing accompanied by the advances of the times, which has been proven through the references for China from abroad and China's own social and economic situations. The rights and obligations between the cohabitants are always falling into conflicts without ends. This thesis hopes to give reasonable suggestions of Non-marital Cohabitation Regularization based on analyses of real social problems and the proper contents of regularization. This thesis has four chapters.The chapter one is a panorama of the non-marital cohabitation, which focuses on the analysis of its basic conception. The advantages of traditional marriage offered by 13 scholars are used as a detailed research on the original existence for non-marital cohabitation and the disadvantages of traditional marriage. Next, concubine as an irregular family member in ancient China had been regularized for thousands of years, through which the existence of this lifestyle gave reasons for theneed of regularization of non-marital cohabitation. The third part of this chapter is aimed at the important constitutive requirements of the topic and the relevant rights.Chapter two is mainly to make comparison between de facto marriage and non-marital cohabitation, which tries to emphasize the situations beyond the lawful marriage about union of a man and a woman. The changes in China's legislation about de facto marriage display the demands for regularization of non-marital cohabitation.Chapter three gets awkward situations of non-marital cohabitation into concern from America, in which traditional marriage has non-marital cohabitation grow like the lush weeds under dark rocks. But the lawful cohabitation in France offers another open example.Chapter four makes further explanation of the sociological and economic bases for regularization of non-marital cohabitation, part of which is written for the safe and comfortable atmosphere of non-marital cohabitation, esp. concerning elders' and a suspected thief in non-marital cohabitation.
Keywords/Search Tags:Non-marital Cohabitation, the Contract of Cohabitation, de facto Marriage, PACS, Domestic Partnership Legislation, the Principle of Differential Treatment, the Principle of Neutral Value
PDF Full Text Request
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