Font Size: a A A

Conflict Of Laws And Settlement Of Foreign-related Non-marital Cohabitation Property Relations

Posted on:2021-04-16Degree:MasterType:Thesis
Country:ChinaCandidate:B ChaiFull Text:PDF
GTID:2436330623458870Subject:International Law
Abstract/Summary:PDF Full Text Request
With the enhancement of economic globalization and the convergence of culture and the convergence of morality,the combination of non-marriage cohabitation is gradually accepted by people,and more and more people are likely to choose non-marriage cohabitation lifestyle,and non-marriage cohabitation,which has been across the border with people,with a new property relationship with non-marriage cohabitation.This paper analyzes and discusses the legal conflicts and solutions of this kind of relationship through the historical method,comparative research method,induction method and other research methods taking the property relationship of foreign unmarried cohabitation as the research object,in the hope of contributing to the improvement of relevant laws and regulations in China.The article is roughly divided into the following parts:In Chapter ?,this paper focuses on the general issues of property relations of foreign unmarried cohabitation.Firstly,from "non-marital cohabitation" to "non-marital cohabitation property relationship" to "foreign-related non-marital cohabitation property relationship",this paper discusses and determines the most basic meaning and scope,and then leads to the legal conflict discussed in this paper and the problems to be solved.In Chapter ?,this paper expounds the legal provisions in the legislation of non-marital cohabitation,summarizes the legal conflicts in the legal provisions of these countries,and makes a brief analysis and evaluation of the legal provisions of various countries.In Chapter ?,this paper lists the existing approaches to resolve legal conflicts from two aspects of international treaties and domestic laws,and points out the dilemma of the existing approaches through analysis.Then,in view of the dilemma in the existing solutions,the author gives his own Suggestions,and this part is also the thinking and solution of the problems raised in the first part of the article.In Chapter ?,in the face of new legal conflicts caused by different regulations of non-marital cohabitation,China's law must also face up to this problem at last.At present,there is a lack of special legal adjustment in both substantive law and applicable law in our country.By analyzing the relevant legal conflicts and their solutions,this paper puts forward some Suggestions for the improvement of China's non-marital cohabitation property relations and the construction of China's open and flexible legal application system,which is of great value to the protection of the legitimate rights and interests of the parties concerned and the improvement of the whole theory and legislation of private international law.
Keywords/Search Tags:Non-marital cohabitation, property relations, conflict of laws, applicable law
PDF Full Text Request
Related items