The Legal Regulation Of Unmarried Cohabitation

The phenomena of unmarried cohabitation may do back to Roman times.But before the 60's in the 20th century it had been be subjected to repression of society, condemnation and prohibition of law after that. Because the phenomenon of unmarried cohabitation is the development trend of morality in the whole world, it began to draw the general concern of all countries. There have been many nations regulating unmarried cohabitation problems by law,such as "Marvin v. Marvin" of California of 1976, the United States, started to rule the rights of unmarried cohabits, founding the precedent of the law.England also, according to judicial precedents and general contracts or trusts,protects unmarried cohabitation spouses. Germany and France have explicit law provisions concerning that problem,in Ethiopia, unmarried cohabitation is called illegal cohabitation as well in detail in the civil code, it prescribed a few North European nations of Scandinavian countries have already achieved great success in studying of unmarried cohabitation, where the cohabitation that the law admits is called "formal cohabitation". The development of unmarried cohabitation in our country is also extremely quick, and has already constituted the challenge to the traditional marriage family, We should face positively. Currently our country is in need of adjusting this phenomenon, and the related study on unmarried cohabitation problems is few, this text researches the unmarried cohabitation in some nations provides some material to the our country to draw up the complete law concerning unmarried cohabitation, and puts forward the related lawmaking suggestion.The full text is divided into three parts :Partâ… : The summarization of the unmarried cohabitation. Fristly,this part analyzes the definition of the unmarried cohabitation, and analyzes its constituents .Then,this part introduces the origin of the unmarried cohabitation and its development , and analyzes the reason of its rapid development including the philosophy reason,the sociology reason and the economic reason.Finally,analyzes its differentiation of the concepts of marriage,adultery,cohabit and illegal cohabitation.Partâ…¡: The legal rules on,unmarried cohabitation in both the civiland the common law countries. This part first introduces the case laws of England and American by which these two nations to rule the unmarried cohabitation; Then this part introduces the legal rules of unmarried cohabitation in Germany, France, Belgium, Holland, Scandinavian and Ethiopian.Although above-mentioned nations have different ways in regulating the unmarried cohabitation, they also share some common contents,this part finally carries analysis on the legal effects of the unmarried cohabitation, including the personal relation, property relation, the relation between cohabitants and their children, the termination ofthe unmarried cohabitation etc.Partâ…¢: The legal rules of the unmarried cohabitation in China.Fristly,this part expounds the legislative changes of unmarried cohabitation and the rule law"governing by doing nothing"in current law.Secondly,this part also discusses the necessity of legal regulation of unmarried cohabitation in china,which is in line with current world trends in the diversification of marriage and family,but also cinforms to the realities of Chinese conditions,even has its theoretical basis.At last, this textelaborates the thinking for the establishment of unmarried cohabitation systemin China, according to our actual circumstance, absorbing other nations'advanced factors.