Regulation Of Non-marital Cohabitation Legal Research

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 four parts about 39,000 words: Part Ⅰ: The summarization of the unmarried cohabitation. This part introduces the origin of the unmarried cohabitation and its development in Europe, America and our country firstly, and analyze the reason of its rapid development including the economic reason, life style and value change etc; Then, this part analyzes the definition of the unmarried cohabitation, and analyzes its constituents and the differentiation of the concepts of fact marriage, cohabit, trial marriage etc..Part II: The legal rules on unmarried cohabitation in both the civil and 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.Part ID: Comparative Analysis of unmarried cohabitation legal rules in the above-mentioned nations. Although above-mentioned nations have difiFerent ways in regulating the unmarried cohabitation, they also share some common contents, this part first analyzes and compares the above-mentioned nations of unmarried cohabitation; Then this part 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 of the unmarried cohabitation etc..Part IV: The legal rules of the unmarried cohabitation in China. First, this part discusses the foundation of the theory of unmarried cohabitation relations; The next in order, this part still explain the realistic meaning of the legal rules of the unmarried cohabitation in our country; at last, this text elaborates the thinking for the establishment of unmarried cohabitation system in China, according to our actual circumstance, absorbing other nations' advanced factors.