The Applicable Law Of Foreign Non-marital Cohabitation Property Relationship

Nineteen sixties, people's attitude towards marriage, the family, and sex has changed a lot, non-marital cohabitation in the world was a state of rapid development. Development of economic globalization, in particular the progress of regional economic integration, and to promote non-marital cohabitation transcend national boundaries, and to form a new type of social relations- Foreign non-marital cohabitation.As countries of the political, economic, social customs, etc. There are a lot of difference, the meaning of unmarried cohabitation in each country, legal status and legal norms are quite distinct from each other. These differences caused of foreign non-marital cohabitation conflict of laws in personal relations and property relations, in which the conflict of laws of property relations even worse. According to statistical investigation, property cases of non-marital cohabitation disputes far more than personal cases, the scope of legal property cases also applies more widely, so that countries in dealing with foreign-related cases of non-marital cohabitation is more prone to such as property management, disposition, conflict of laws and other aspects of segmentation. So, how to solve the conflict of laws of non-marital cohabitation property cases, how to apply the law correctly, we are in the field of private international law needs to face and solve problems.China's current laws and regulations do not recognize the legal status of non-marital cohabitation, just explain the non-marital cohabitation-related property issues and personal problems in some judicial interpretations, and have certain hysteresis, does not conform to the social progress and development. Meanwhile, China's "foreign-related civil relations law applicable" in Marriage and Family section there is no corresponding provision on foreign non-marital cohabitation law applicable to property relations. Countries today for non-marital cohabitation property relations law applicable requirements vary widely, and while Chinese scholars on this issue today. Therefore, the analysis and research of non-marital cohabitation property relations, legal issues, help provide recommendations for the improvement of laws and regulations conducive to provide a theoretical basis for the development of private international law.In this paper, combined with the relevant provisions of the United States, France, Switzerland, Britain and other countries and some of the theoretical perspectives of scholars,and discuss the feasibility of choice of law to choose freely, nationality, place of residence in accordance with our current situation, in-depth study of the concepts of non-marital cohabitation property relations, to help improve the relevant laws and regulations.In addition to the introduction of this article, it consists of the following four parts.The first part is defined a non-marital cohabitation property relations. First, different scholars to be the definition of non-marital cohabitation comparison, to the concept of non-marital cohabitation; Secondly, non-marital cohabitation definitions, summarizes the characteristics of non-marital cohabitation; and finally, according to the characteristics of property relations, define the scope of non-marital cohabitation property relations of this article.The second part describes non-marital cohabitation conflict of laws in the field of property relations. First, analyze the causes of legal conflicts; secondly, according to today's conflict of laws in the field of non-marital cohabitation States property exists, summarizes the specific performance, to better solve legal conflicts; and finally, demonstrate resolve foreign-related non-marital cohabitation property relations Conflict of Laws necessity.The third part is the focus of this article, namely the application of non-marital cohabitation legal property relations. First, it includes specific provisions on non-marital cohabitation States property relations applicable law; secondly,elaborate legal application of non-marital cohabitation property disputes by party autonomy and objectivity connecting point of the two aspects.The fourth part is related to the field of non-marital cohabitation Consideration property in China. The part is based on the country's legislation and practice, to describe the current situation of non-marital cohabitation, suggestion for areas of property problems, so that our country make better able to construct the applicable law of foreign non-marital cohabitation property relationship.