Study On Unmarried Cohabitation Legal Problems

With the increasing number of non-marital cohabitation, this lifestyle gradually been recognized by the people, non-marital cohabitation in the economic, emotional, bear the legal responsibility have shown a lot of convenience, more and more people began to choose this life. However, with the increase in non-marital cohabitation, the termination of marital cohabitation relationships in non-life process, resulting in a lot of disputes. In these disputes, the legitimate interests of the elderly, women, children and other vulnerable groups are often compromised. Due to lack of current law, there is no standard for a reasonable number of behavior norms, but there is no clear legal provisions for those families harmed the interests of vulnerable groups to provide the appropriate legal remedies, cause these people often assume a non-marital cohabitation brings misfortune, which is the legal protection of the rights of vulnerable groups, maintaining social justice legal mind does not match, so this article through the issue of non-marital cohabitation research in order to improve the research of this paper provides non-marital cohabitation laws theoretical basis.This paper is divided into five sections, totaling thirty thousand words.The first part introduces the concept of non-marital cohabitation and Elements Define the concept of non-marital cohabitation paper studies as:" non-marital cohabitation refers reached marriageable age and adult men and women without spouses both sides, by voluntarily choose to live together as husband and wife open up to a certain period of cohabitation."The second part discusses the status of non-marital cohabitation and non-marital cohabitation causes. Young man,"80" is selected non-marital cohabitation status of people up to45%. Young married temporary lack of economic capacity, but are unwilling to "naked marriage", or just give up their formation into a " nuclear family ", the final non-marital cohabitation has become an expedient. Middle-aged, with higher divorce rates, many divorced middle-aged non-marital cohabitation lifestyle choice, according to a survey of middle-aged divorced remarried again as high as70%to80%. Select middle-aged non-marital cohabitation is mainly because one pair married lose confidence in non-marital cohabitation subsistence;2party has too much property for fear of property loss;3children forced pressure. The elderly, today " accompany old age " phenomenon is very common, mainly driven by emotion, but also because of the children of property inheritance problem, so choose non-marital cohabitation.The third part, mainly on foreign non-marital cohabitation comparative study of the legal system. The main study for the United States, Britain and France three countries the existing non-marital cohabitation law, to provide reference for the improvement of non-marital cohabitation laws below.The fourth part, to analyze specific issues based on common non-marital cohabitation study the issue of civil disputes. The study found that non-marital cohabitation controversial questions focused on:a common property ownership;2women’s rights protection issues;3child support issues;4lifting non-marital cohabitation agreement compensation issues.The fifth part, based on the above study provides recommendations for improving the legal system of China’s non-marital cohabitation. The main recommendations are:1, treated differently, maintaining respect. Distinguished from the legislative purpose of supplementing or non-marital cohabitation with the existing marriage law, the law should recognize or meet the needs of social development.2, cohabitation without registration system established, referring to non-marital cohabitation is consistent with statutory requirements automatically get legal status of non-marital cohabitation.3, the formation of multiple protection system. Non-marital cohabitation system could be improved based on two forms, namely the harmonization of legislation and dispersion legislation. Legislation or other relevant laws may be added to non-marital cohabitation content based on separate legal developments, such as the "Property Law","Women’s Rights Protection Law,"" Law on the Protection of Minors " and so on.4, cohabitation property regime established. The parties may determine their rights and obligations and to settle the non-marital cohabitation has in the course of non-marital cohabitation by way of the establishment of cohabitation contract.5, live on child support obligations. Conditional requirement of non-marital cohabitation obligations of raising children.6, the death of one or the termination of the marriage system. This paper discusses three forms of non-marital cohabitation termination:a one death;2with third party willing to marry;3party openly break up, break up, or a voluntary agreement by the court ruling to terminate the mediation of non-marital cohabitation.