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Lives Together The Property Legal Regime Research About Our Country Non-marriage

Posted on:2012-07-01Degree:MasterType:Thesis
Country:ChinaCandidate:D J WangFull Text:PDF
GTID:2216330338969315Subject:Law
Abstract/Summary:PDF Full Text Request
As a kind of social phenomenon of the premarital cohabitation, originated in ancient Rome period, the system and the rapid development in the world is from the 1960 s; But after all unmarried cohabitation and traditional marriage has the very big difference, its biggest characteristic is the personal relationship between married cohabitation between the close degree, and obviously less than marriage relationship in practice the focus of the disputes in the property during the most cohabitation relationship than personal relationship. Therefore, how to effectively, just to deal with the premarital cohabitation during the property became a force to the problem in front of people. So this paper together with the relationship of the property during the foothold for focuses on. And the judicial practice of a lot of attention and special property dispute case, for the majority of the evidence to the parties and legal workers in the judicial practice some thoughts and provide reference. This is also the innovation points in this paper. This paper is divided into five chapters.The first chapter introduction and overview. The premarital cohabitation of the research background, the purpose and discusses the concept and definition, the premarital cohabitation refers to the opposite sex mutually voluntary unmarried established the common life of cohabitation state and life mode; And with the neighbouring concept are analyzed, and briefly expounds the premarital cohabitation of the constitutive requirements, etc.The second chapter to Britain and France as a representative, illustrates their country about the premarital cohabitation during the property relations laws and regulations, in order to formulate relevant laws in our country can be for reference.The third chapter about the premarital cohabitation in current law existing problems. Put forward in reference to the overseas advanced legislation and practice experience should also be the status quo of China. Establish the premarital cohabitation illustrates the urgency of the system.The fourth chapter premarital cohabitation establish China's property relations shall follow the principle of law. And in the judicial practice more focus on a few types of special property, the example analysis, and, in doing so, puts forward the premarital cohabitation established during the property relations is the idea of the law.Chapter 5 for closing.The main innovation points:1, the premarital cohabitation of legal system in our country only some sporadic regulations, not form a system of the rule of law, and the social status and to be relevant law laws and regulations to solve these problems, this paper mainly to property relationship as the research object, a more systematic and discusses the premarital cohabitation property relationship of legal system.2, Suggestions in China can be reference for the related state legislative practice experience, the establishment of the premarital cohabitation in legal system, especially with the person that reside is marriage property relationship between the law, in order to solve social status to face processing forced judicial blank and the insufficiency, the author should establish relevant regulations and content of the specific forward some opinions and Suggestions for reference.
Keywords/Search Tags:cohabitation, The premarital cohabitation, The premarital cohabitation property relationship
PDF Full Text Request
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