Legal Treatment Of Property Payment In A Relationship Of Extramarital Cohabitation

The act of giving a property in an affiliation relationship means a kind of act cast by a spouse who has monogamy contrary to the law and cohabiting with a person other than a marital relationship,an act with a certain purpose of giving the property to the mate.The property may be personal property or a common property of couples.Today extra-marital cohabitation is a widespread phenomenon,which is undoubtedly a very serious social problem.On one hand,However,extra-marital cohabitation contraries to the principle of public order and good and is inconsistent with the moral concept that the public accept.On the other hand,although the phenomenon of extra-marital cohabitation phenomenon is very common,the provisions in laws for this kind of behavior are rare,especially lacking clear regulations for property payment behavior.Such cases have brought a lot of troubles to the practice of justice,mainly reflected in these aspects: for example,the case lasted for a long time,so the relationship is complex;when taking into account the law and reason during judging,the scale between legal and moral is difficult to balance;customs can not quantify the decision;and the truth is difficult to clearly investigate and is covered by the word of one side.Therefore,for this situation,and the cases can not be "one size fits all" and should analyze the case and act beyond specific circumstances----the principle of public order can not be violated,but the autonomy of citizens and the right to self-determination of property is also important.Therefore,in order to effectively regulate the issue of extra-marital cohabitation property through legislation,these issues must be studied in depth and understood through reasons of the disputes,and finally effective and reasonable legislative proposals can be introduced.In conclusion,given the complexity of the act of payment in the cohabitation,this paper discusses how to deal with the act of marital cohabitation,how to deal with the effect of the law on the payment of property under the relationship of extramarital cohabitation,and how to discover the reasons of these disputes,and,finally,proposes several effective and reasonable legislative suggestions.The full text is divided into six parts:The first part defines the extra-marital cohabitation and payment behavior,and explains the characteristics of the payment behavior in the extra-marital cohabitation relationship.By summing up the characteristics of the property in the most common types of cohabitation,this paper gives a general effect.The second part in dealing with extramarital cohabitation relationship,which corresponds to different principles of the effectiveness of the property to determine the payment.The main consideration is to protect the interests of vulnerable groups and to protect the rights and interests of legitimate spouses,to fully respect the autonomy of the parties while consist with the premise of the public good and reasonable.The third part is to sum up the own point of view of this article based on different theories on the relationship between the nature and effectiveness of the property in the extra-marital cohabitation relationship.Through the analysis of the actual case,the article horizontally comprises three theories.The fourth part mainly lists the conditions that whether the marital common property is the payment of couple property and the judgments of the different subjective and different mentality as well the return of the property.The fifth part provides two proposals on China's legislation and justice by comparing and referring to the advanced concepts of other countries: How to clearly stipulate the legal term of extramarital cohabitation,and how to establish a sound and feasible corresponding property system so that cohabitants can reciprocally inherit property rights under certain conditions.The sixth part summarizes all of the above.