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Legislation On Unmarried Cohabitation

Posted on:2014-09-28Degree:MasterType:Thesis
Country:ChinaCandidate:J LongFull Text:PDF
GTID:2296330467966727Subject:Civil and commercial law
Abstract/Summary:PDF Full Text Request
With the development of economy and society, changing people’s ideology, sinceChina’s reform and opening up, there are more and more unmarried cohabitation phenomenon,the unmarried cohabitation as a social phenomenon, has a long history, can be said that thestudy on unmarried cohabitation has been an important proposition. Our country lawprovisions of the unmarried cohabitation is relatively less, the existing legal regulations tooperate, some delay and limitations, the relation between unmarried cohabitation in terms ofpersonal relations, property relations, children’s legitimate rights and interests protection hasnot been effectively resolved, for social stability to stay hidden, we hope the legislation andattitude the various countries treat this phenomenon of unmarried cohabitation, legalcountermeasures, find out the problems and defects, and puts forward some constructivesuggestions for the construction of our legal. Everyone is closely related to marriage andfamily, to fill our cohabitation law blank area, regulate unmarried cohabitation in judicialpractice, referring to foreign laws, on China’s non marital cohabitation by law. The full text isdivided into four parts: the first part, the related concepts from unmarried cohabitation oncohabitation of meaning, in this paper the author of the unmarried cohabitation is defined asfailure to handle marriage registration procedures and no spouse of two persons with fullcapacity for civil conduct, a voluntary group has relative stability of common life partnerrelationship. On this basis, adultery, homosexuality, marriage, cohabitation, the fact that theconcept of clear distinction, and to clarify the premarital cohabitation of the constituents. Thesecond part, the author through exploration and analysis the reasons of non maritalcohabitation phenomenon in our country at present, and that at present our country law isnecessary to recognize the phenomenon of unmarried cohabitation. Elaborated our countrylaw is how to deal with the non marital cohabitation, pointed out that the current law of ourcountry in the aspects of the law of nonmarital cohabitation, development has been laggingbehind, in reaction to the phenomenon, analysis of China’s development of non maritalcohabitation law should follow the principle of. The third part, the author selects a typicalAmerican, Britain, Germany, France, Holland, Ethiopia and other non marital cohabitationlegislation through the analysis and comparison, determine the relationship in the unmarriedcohabitation of those countries, property, such as children, for our future legislation forreference. The fourth part, the analysis of China’s current legislation situation of unmarriedcohabitation, legal system by legislation suggestions on ways of non marital cohabitation inChina to perfect.
Keywords/Search Tags:Unmarried Cohabitation, Autonomy, Legal Regulation
PDF Full Text Request
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