Study On Property Settlement When Unmarried Cohabitation Relationship Terminated

Unmarried cohabitation refers to both men and women who without a spouse live together without marriage registration, which will not break the law and form a community life of emotional, economic and other aspects. This special combination of gender relations has always been suppressed by the society since the emergence. Until the 1960s, Western countries was gradually confront and acknowledge this relationship protection. While China don’t realize the problems caused by unmarried cohabitation until the 1990s. But it has been in a state of avoidance. Thus, we haven’t any legal norms about unmarried cohabitation relationship until now. Due to lack of legislative, the same unmarried cohabitation case may have different verdict, especially on the liquidation of assets at the end of unmarried cohabitation. As an extremely important issue in unmarried cohabitation relationship, liquidation of assets related to legitimate interests of the parties and third non-marital. It also has influences about the family values of pluralism, tolerance, openness. So, this article will start with the judicial position about the liquidation of assets at the end of unmarried cohabitation. Firstly, I’ll summary the current roadmap of judicial practice court liquidation of unmarried cohabitation property. Then, I’ll analysis of the similarities and differences of unmarried cohabitation and marriage, extramarital cohabitation in identity relations, liquidation of property and liquidation of assets. And after analysis the nature and effectiveness of unmarried cohabitation agreement for break-up, I’ll give judicial opinions about the case of liquidation of assets at the end of unmarried cohabitation.Specifically, this paper consists of an introduction, body and conclusion. The introduction describes the main unmarried cohabitation history, the attitudinal change of western society, lack of legislation in China and the significance on the study of unmarried cohabitation system.Body part can be divided into four parts. The first part, I’ll discuss the judicial position about the liquidation of assets at the end of unmarried cohabitation. Combined with even typical cases, I’ll discuss standpoint of Chinese judiciary on the issues of division of property, debt assumption and special protection for the weaker party at the end of unmarried cohabitation relationship. Due to disunion of judicial standards and different values of judges, the same cases may have different judgments. It leads to the focus of discussion in this paper.The second part, I’ll comparatively analyze unmarried cohabitation, marriage and extramarital cohabitation. I’ll compare the similarities and differences of unmarried cohabitation, marriage and extramarital cohabitation in terms of identity relationship, property relationship and liquidation of assets. On the identity relations, I’ll expound the concept, scope and characteristics of unmarried cohabitation by comparing unmarried cohabitation with legal marriage, common-law marriage, adultery and cohabit. In institutional property, this article defines the different from unmarried cohabitation and other relations division of property regime by comparing unmarried cohabitation with marriage, extramarital cohabitation and partnerships. On the issue of liquidation of assets, I’ll comparative analysis of assets subject to liquidation of unmarried cohabitation, marriage and extramarital cohabitation to define the same basic principle and the effect caused by different identity relationship and legal attitudes.The third part, I’ll do legal analysis of unmarried cohabitation agreement for break-up. With the analysis of unmarried cohabitation agreement for break-up, I’ll comparative analyze gift theory, contract theory, invalid theory and compensate theory. In my opinion, broke protocol is different from gift theory and compensate theory. Because of broke protocol belong to private law, we should show respect to autonomy. So, contract theory is better than other theories. After analyzing effective theory, invalid theory and partially valid theory, eligible broke protocol should be considered valid. Because in private law, without a law that allowed. It should allow unmarried cohabitation parties entering into such contracts within the framework of legal and social public order and morals.The fourth part, I’ll discuss the justice recommends of the judicial position about the liquidation of assets at the end of unmarried cohabitation. And I’ll give advice about division of property, debt assumption, make up, reparation and subsidy at the end of unmarried cohabitation relationship. We should show respect to the value of family labor and protect the interests of the weaker party. Finally, seven cases will been reviewed.The conclusion part reviews full text and emphasize unmarried cohabitation will gradually increase as a social phenomenon. I hope the community can face this phenomenon and develop appropriate legal norms for better protecting the legitimate rights and interests of individual citizens, especially the rights of the weak.