Non-marital Cohabitation Property System

Unmarried cohabitation as a way of combination between outside of marriage is increasingly prevalent and widely accepted. Unmarried cohabitation phenomenon in real life because of moral tolerance and legal vacancy and growing, all kinds of social problems have born, property disputes caused by unmarried cohabitation is most prominent. Due to our country law of unmarried cohabitation property system of regulation is quite lack, how to efficiently and fairly handle forced unmarried cohabitation property has become a proposition to be resolved. Therefore, it is necessary to build system of unmarried cohabitation property. This article is divided into four parts.The first part is the theory of unmarried cohabitation property system. Through the introduction of the concept of unmarried with, and for unmarried cohabitation system tries to make clear to the meaning of the property. Discussed in this paper, the unmarried cohabitation is refers to the legal property system of cohabitation both sides in the cohabitation before and during the income of property ownership, use, disposition, debt owed by living together during the how to pay and how to make the segmentation when cohabitational relation property and so on various aspects of the law. Also in this chapter to unmarried cohabitation property of legal nature is analyzed, and discussed the unmarried cohabitation property ownership during the period of several kinds of theoretical basis, main have independent property, property of tribalism and fairness property respectively.The second part is the current law of unmarried cohabitation in our country property system regulation and inadequate. Introduced the existing law of unmarried cohabitation in our country to adjust the property dispute. On this basis, put forward the our country law on the unmarried cohabitation property system deficiencies. Its defect is:the passivity of post-processing and fuzzy with simple, generally applicable general law consists of principles dealing with property disputes and cohabitation party autonomy space narrow this four aspects.The third chapter is the foreign legislation of unmarried cohabitation property system. Concretely introduces the Britain, the United States, Australia, in The Three Kingdoms in the Anglo-American law system and continental law system in French, German, Swedish law of unmarried cohabitation property system. Comparative analysis of the two big legal systems about unmarried cohabitation property system legislation differences, further summarizes the formulation significance of unmarried cohabitation property system in our country, in order to make a suitable for China’s national conditions of unmarried cohabitation property system.The fourth part is to perfect our system of unmarried cohabitation property of legal thinking. Determines the unmarried cohabitation property system in China shall be formulated in compliance with discrimination and value neutrality principle, the principle of party autonomy, protection and compensation principle, specific principle of common property. Agreed property system, the author thinks that shall give priority to apply when there is no prescribed or unknown, conditional applicable property system respectively, and at the same time in order to protect the compensation principle for supplement. In draw lessons from foreign experience, according to actual needs, to develop a suitable for China’s national conditions of unmarried cohabitation property system.