Research On The Applicable Law Of The Property Relations Of International Non-marital Cohabitation

With the rapid development of the economy of China,there are some significant changes of people's cultural and moral values.These changes have a great impact on the traditional marriage and family values in our country.Due to the pursuant of freedom and individual standard,the continuous improvement of people's material living standards,and the diversity of lifestyle and values,the phenomenon of non-marital cohabitation which is characteristic of freedom becomes common.And because of the development of economic globalization and cultural globalization,as well as the increasing convenience of transnational traffic,the exchange of population among countries are becoming more common too.These cause the emergence of a variety of international non-marital cohabitation phenomenon,along with a variety of property relations in international non-marital cohabitation.At present,in the filed of non-marital cohabitation,the related legislation is mainly concentrated in the area of property relations.However,due to the huge differences in national legislation,the legal status of non-marital cohabitation is different among countries,especially the attitude to same-sex cohabitation,which makes the property relations of international nonmarital cohabitation face fierce conflict of law.Therefore,in order to protect the legal advantages of the parties of the non-marital cohabitation and make the related disputes can be solved more quickly and effectively,It is urgent for China to make a set of applicable laws governing the property relationship of non-marital cohabitation.The property relation of international non-marital cohabitation has special personal attribute,so it cannot apply the laws which applicable to general property relations.And because of the difference between non-marital cohabitation and marriage,it is not advisable to copy the applicable rules of property relations of international marriage completely.Moreover,because of the more complicated conflict of law between the same-sex cohabitation and the heterosexual cohabitation,this paper discusses the applicable law to the property relations of the same-sex cohabitation independently for better protection of the legal rights of same-sex couples.This paper mainly combines the relevant legal provisions of foreign countries in the field of property relations of international non-marital cohabitation and some theoretical viewpoints of domestic and foreign scholars,then takes judicial practice of China into consideration,puts forward some superficial opinions on the applicable law to the property relations of international non-marital cohabitation.In addition to the introduction,this paper is divided into four parts to discuss the property relations of international non-marital cohabitation:The first part is an overview of the property relations of international non-marital cohabitation.First,the concept of non-marital cohabitation is discussed and compares with other similar concepts,so that to determine the range of non-marital cohabitation.Secondly,it defines the scope of property relations of non-marital cohabitation.Finally,this paper analyzes the foreign element in the property relations of international non-marital cohabitation.In the second part,this paper discusses the conflict of laws on property relations of international non-marital cohabitation.This paper analyzes the legal conflicts in the property relations of international non-marital cohabitation from four aspects,such as the legal status of the non-marital cohabitation,the property ownership relationship of the parties,the property management and disposition mode,and the property division mode of cohabitation.The third part,is the key part of this article,mainly discusses the applicable law of the property relations of international non-marital cohabitation.First of all,this paper discusses the identification of property relations of international non-marital cohabitation.Secondly,it analyzes the applicable law of the property relations of the general international non-marital cohabitation.Finally,talks about the applicable law of the property relations of international same-sex cohabitation.The forth part is the consideration of the applicable law about the property relations of international non-marital cohabitation in our country.After analyzing the present situation of international non-marital cohabitation and the relevant judicial practice in China,this paper puts forward some suggestions on the applicable law about the property relations of international non-marital cohabitation in China.