Research On Legal Regulation Of Unmarried Cohabitation Property Relationship

With the development of economy and society,the phenomenon of unmarried cohabitation is increasing.The most prominent thing is the property disputes caused by unmarried cohabitation.Disputes over property relations have risen sharply since 1990 s,with only 12000 in 2016.Based on this phenomenon,this paper attempts to study the relevant laws and regulations at home and abroad,and combine with the judicial practice in China,and specifically regulate the specific property relations of unmarried cohabitation.In the process of writing,this paper applies the methods of logical analysis,comparative analysis and literature analysis to analyze the construction of the legal system of the property relationship of unmarried cohabitation.The text is composed of three chapters.The first chapter is an overview of the relationship between unmarried cohabitation property.It mainly includes the introduction of the concept of unmarried cohabitation,the analysis of characteristics,and the comparison with other similar concepts.On this basis,the relationship between unmarried cohabitation and property is basically combed.The second chapter is the domestic and foreign research status of unmarried cohabitation property relationship.In this chapter the author first introduced the property of unmarried cohabitation in China related laws and regulations,to describe the legal status,pointed out the shortcomings of laws and regulations;then the author of the foreign unmarried cohabitation legislation of property relations were investigated,which focuses on the United States,Britain,France and Japan about the premarital cohabitation relationship of property legislation condition,takes its essence and put forward new ideas for the construction of China's non marital cohabitation legal relation of property system.The third chapter is the construction of the legal system of unmarried cohabitation property relations,which is the core of this article.This chapter uses the method of comparative analysis to choose the guiding ideology and legislative mode of non marital cohabitation legal property relations,and then the brief Legislative Analysis on the distribution system of non marital cohabitation property relations,the system of damages,the system of inheritance and theclaim of economic help,and finally to build a substantial and effective construction.The legislative system puts forward some pertinent suggestions.The legal relationship of unmarried cohabitation property is in an awkward position in our country.Although the relevant contents can be applied to the provisions of marriage relations,the complexity of social relations determines that the provisions of the marriage relationship are difficult to cover all the problems.Establishing a reasonable and complete legal relationship system of unmarried cohabitation property is the focus of our future legislation.