On Legal Issues About Unmarried Cohabitation

Since 1960s', the phenomenon of unmarried cohabitation have been booming rapidly in the whole world. In order to level off social order and safeguard weak people's right, many countries offer legal protection for unmarried cohabitants, Because of culture tradition, law policy and moral conception, unmarried cohabitation occurred scarcely and secretly in the past in China. Till 1990s', unmarried cohabitation gradually became a common social phenomenon, so our country should also establish legal system to balance the interest of the parties and protect rights of unmarried cohabitants. As a result, the article brings forward legislation suggestions about unmarried cohabitation.The full text is divided into four parts.Part 1 shows the summarization of the unmarried cohabitation. This part firstly clarifies the concept and characteristics of the unmarried cohabitation, which defined the study scope of the text. Then, this part reviews the status of the unmarried cohabitation phenomenon in the whole world, analyses social reasons of ubiquity of hetero cohabitation, and designates that homosexuality is a fact that exists at large in human society.Part 2 examines legislation about unmarried cohabitation in other countries. This part firstly enumerates the legislation of America and Britain which are two common law countries. For example, in the U.S.A., some states adopted common law marriage, putative marriage and unmarried cohabitation contract to protect heterosexual cohabitants, and some states even granted homosexual cohabitants' marriage rights and welfare similar with heterosexual marriage. Then it enumerates the legislation of civil law countries, including Germany, France, Scandinavia countries, Belgium and Ethiopia. As an example, in France, civil solidarity contract was passed which make hetero or homo cohabitants to conclude civil solidarity contract to plan their cohabitation life.Part 3 presents a comparative analysis of legislation about unmarried cohabitation of some countries. This part firstly analyzes and compares the legislation mode of the countries. Then it analyses and compares identity relation, maintenance relation, end of the relation and dividing up of property. At last, it analyzes the difference and similitude between hetero cohabitation and homo cohabitation.Part 4 discusses legislation consideration about unmarried cohabitation in our country. This part firstly clarifies current provisions for unmarried cohabitation in China. Secondly, this part demonstrates the doctrine foundation to regulate unmarried cohabitation. Unmarried cohabitation accords with value rule of moral conception pluralism in modern society, accords with legal thought of individual autonomy, and marriage rights of homosexuality is an essential human right which need legislation to protect fundamental rights. Thirdly, this part demonstrates the principles in legislation of unmarried cohabitation, such as differently treating principle and value neutrality principle. Finally, referring to other countries' legislation, based on our specific situation, the text puts forward the legislation suggestions about unmarried cohabitation in our country.