Research Of China’s Non-marital Cohabitation Property System

In contemporary society, the existence of non-marital cohabitation is a social reality cannot be evaded. When the non-marital cohabitation relationship breakdown, the problems ofdispute about the nature of the property identified and allocation during cohabitation mostlyoccur, but the problems in our current legal state is difficult to be effectively addressed. Thispaper use instance as foothold, learning from foreign experience in legislation throughprofiling practices, intended to explore our country property relations legislation, and makesuggestions for improvement.In addition to the introduction, conclusion, the paper is divided into five parts.The first part is the brief of the case. This section mainly includes two aspects: one, thecase for research. This section describes the origin of the case, the detailed circumstances ofthe case, the parties claims and excuses, and the first and second instance court hearing;Second, the focus of the cases of major controversy and disagreement. This section introducesthe both parties’ dispute of the facts and the legal issues, leads to the specific issues of thepaper.The second part is the outline of non-marital cohabitation. This section mainly includestwo aspects: First, the definition of non-marital cohabitation, and thus leads to the constituentelements of the non-marital cohabitation; Second, the legal effect of the non-maritalcohabitation, personal efficacy and property of the effectiveness of both, which leads to themain discussions of this article. That is about non-marital cohabitation property regime.The third part is the Legislation of foreign-related non-marital cohabitation propertyregime. This section is mainly from the non-marital cohabitation property system mainly fiveareas to explore different countries’ legislative provisions, these five areas are the propertysystem, creditor-debtor relationship, alimony, inheritance relations and the value of familylabor.The fourth part is the comment of our country’ property regimes existing legislation onnon-marital cohabitation. This part includes two aspects: First, the introduction of non-maritalcohabitation property regimes legislative situation. China’s non-marital cohabitation law isfew and mainly concentrated in the relationships which similar to the fact marriage; Second,the legal analysis of the existing legal provisions. As can be seen by analyzing the provisionsof our property, non-marital cohabitation system has limitations and lag. The fifth part is our legal construct of non-marital cohabitation property regime. Thissection consists of two parts, the first part is that why non-marital cohabitation propertyregimes need to build. The four aspects of this section is the non-marital cohabitation reality,the limitations of moral regulation, the importance of the property system and the existinglaws lag elaborate; second part is how to built property system on non-marital cohabitationlaw. The part corresponding to the relevant foreign legislation discussed, also from theproperty system, the relationship between credit and debt, alimony, inheritance relationships,the value of family labor and so on to explore.