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Regulation For Non-marital Cohabitation

Posted on:2012-07-30Degree:MasterType:Thesis
Country:ChinaCandidate:Z CengFull Text:PDF
GTID:2216330338971730Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
In recent years, non-marital cohabitation appeared in large numbers in the world and showing a growing momentum for development, it has become the main way of men and women living together except the marriage. The existence of non-marital cohabitation and development has certain social rationality, but the increase of non-marital cohabitation has produced a series of social problems if not properly handled, not only damage the party and the third non-marital cohabitation the legitimate rights and interests, but also may lead to more serious social conflicts, it is not conducive to social harmony and stability.In western countries the legal system of non-marital cohabitation is more perfect, and our moral values as the impact of traditional culture, the theory of non-marital cohabitation and the legal system are relatively backward. In China, due to the influence of traditional culture, moral values, the attitude of non-marital cohabitation have the changes until recently. Because of the existing law on the treatment of non-marital cohabitation is no uniform legislation, the relevant provisions of simple, crude and obvious reality of social conditions behind the need, in practice there are many problems, cohabitation and its third party who interest is difficult to get effective protection and relief, the establishment of related systems is particularly important.Construction of China's legal system, non-marital cohabitation first need to determine the concept of non-marital cohabitation and its constituent elements, which clearly meet the need for legal regulation of relations between the sexes is a non-marital cohabitation. Non-marital cohabitation and through the analysis of the causes, to distinguish between related concepts, the maximum benefit would be consistent with the law included a non-marital cohabitation and adjust the scope of legal protection. Secondly, China's non-marital cohabitation and the social problems caused by inadequate legislation and research and analysis, clearly established the system of non-marital cohabitation there is a certain necessity and feasibility. Third, as well as the United States, Britain, France and the Nordic countries concerning the legal cohabitation system Comparison of reference, the law on the adjustment of national legislation of non-marital cohabitation patterns and the specific content Summary and Conclusion. Last, work out suitable for China's legal system, non-marital cohabitation, cohabitation clearly building the legal system of values, of non-marital cohabitation and marital adjustment, respectively, the differential treatment of marriage in the maintenance of law while respecting the authority of the cohabitation of the parties free to choose and protect their legitimate rights and interests. And on the establishment of non-marital cohabitation and dissolution, cohabitation personal relationship between the parties, the rights and obligations of property relations and other issues put forward concrete ideas.
Keywords/Search Tags:marriage, non-marital cohabitation, legislation
PDF Full Text Request
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