Legal Regulations Of The Elderly Unmarried Cohabitation

There have been many discussions on the non-marital cohabitation of the elderly.Until the third review of the Civil Code draft,many members have put forward appropriate regulations on the non-marriage cohabitation,and there are many pertinent suggestions.In 2001,the legislature only made certain provisions on the issue of de facto marriage,and other more pressing issues remained blank in law.In addition to the introduction and the end,the article is mainly divided into the following three parts:The first part is to find out the actual problems and analyze the typical cases of the disputes caused by the cohabitation of the elderly,and to summarize the main problems caused by the lack of identity relationship of the non-marital cohabitation of the elderly.The second part is based on the data on elderly people's attitude towards remarriage and actual cohabitation data published in relevant surveys and studies,showing that the elderly have a relatively negative attitude towards remarriage,and the lack of identity relationship is the main reason for difficulty in resolving disputes.A more acceptable and conservative choice,and then conduct a cause analysis.The third part is to combine the relevant legislative spirit of the draft civil code to make specific assumptions about the problems existing in the non-marital cohabitation of the elderly.In the construction,it first adheres to the basic principles such as national conditions and policies,so as to treat them differently from the marital relationship.Elderly non-marital cohabitation should set a minimum personal relationship as the premise of dispute resolution,and the property relationship should be more clearly defined.Priority leasing and purchase rights should also be set for cohabiting houses to ensure that the elderly have a place to live in their later years.While respecting the old people's companionship,they will protect the rights of the old people to the greatest extent,prevent cohabitation disputes under foreseeable conditions,and ensure that the disadvantaged can get a fair remedy.This has practical significance for the aging social strategy proposed by the state,and It also has a certain reference for the new exploration of the pension model.