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Non-marital Cohabitation Property Law Regime Comparative Study

Posted on:2013-02-16Degree:MasterType:Thesis
Country:ChinaCandidate:J AnFull Text:PDF
GTID:2216330374958431Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Marriage, as a way of life, is not the beginning one and also is not an eternal form, but it is the most compatible stage to the social productive forces. As a dramatic change in the way of people's life, continuously updated concepts ofethics, more and more people with rational and wise vision to re-examine themarriage. Worldwide, non-marital cohabitation as a parallel to the lifestyle of amarriage is increasingly rise. The legal system of Western countries tend to have a strong forward-looking, and have formed a marriage system in parallel to non-marital cohabitation legal system to protect the non-marital cohabitation the conclusion between property and personal relations. Our national conditions, requires the establishment of a. complete non-marital cohabitationlegislative system time is not ripe. However, the development of non-marital cohabitation property law system in order to protect the property interests of non-marital cohabitation as a starting point, is the main task at this stage on the non-marital cohabitation legislation. The author to the theory of human rights and freedom, the reality of departure from our country, boldly proposed the idea of building a non-marital cohabitation property. This article is, in addition to,the introduction, includes three chapters, about30005thousand words.Chapter One:The basic problem of non-marital cohabitation property illustrates. This chapter focuses on the non-marital cohabitation conceptual analysis, which leads to a range of non-marital cohabitation property, including:non-marital cohabitation property regimes, inheritance relations, non-marital cohabitation during the credit and debt relations. Solve the problems encountered in the non-marital cohabitation property disputes by analyzing China's laws and regulations in the application of non-marital cohabitation property disputes and judicial practice, pointing out that our country at this stage to deal with the lack of non-marital cohabitation property.Chapter Two:Regulation and learn from foreign non-marital cohabitation property system. The section discusses in detail the common law and civil law countries the legal regulation of non-marital cohabitation property through the legislative model and the specific content of the summary and comparison, summed up the foreign non-marital cohabitation property laws and regulations on the reference to China.Chapter Three:China's non-marital cohabitation property law system recommendations. First of all, this section discusses the necessity and feasibility of legal regulation of non-marital cohabitation property relations; specified in our country and then select the value of the legal regulation of non-marital cohabitation property; Finally, based on national conditions, to draw on the basis of foreign experience, China to build non-marital cohabitation property law system in a bold design.
Keywords/Search Tags:non-marital cohabitation property legislation, modellaws, regulations designed
PDF Full Text Request
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