On Legal Adjustment Of Property Relationship Of Non-marital Cohabitation

Non-marital cohabitation is not in violation of the legal prohibition provisions,the two parties without a spouse continue to live in public,in the absence of marriage registration conditions under the premise of the formation of emotional,economic and sexual life community.As soon as it appeared,it was not recognized by the society,but what we should see is that with the continuous development of the economic base,people’s concept of marriage has also changed —— Marriage is no longer the only way to maintain the relationship between men and women.In view of the continuous spread of non-marital cohabitation in different countries and different social strata,there are many inevitable contradictions between partners,third parties and society,and the society calls for the law to adjust and standardize the non-marital cohabitation relationship.In China,the Civil Code gives legal protection to families formed through the registration of normal marriages,but not to non-marital cohabitation.In addition,in judicial practice,non-marital cohabitation cases often have the phenomenon of different sentences of the same case,especially in the joint life of property ownership,the settlement of property at the time of dissolution is more obvious.Based on this phenomenon,this paper attempts to analyze and compare the relevant legal regulations at home and abroad,and combine with the judicial cases of our country,and put forward some suggestions on the problems involved in the property relationship of non-marital cohabitation.On the basis of analyzing and studying the existing legal system and related legal system of non-marital cohabitation,this paper analyzes the improvement of the legal system of non-marital cohabitation.According to the background introduction,this paper puts forward,analyzes and solves the problem in order.The first chapter is an overview of non-marital cohabitation and its property relationship.It mainly includes the introduction of the concept of non-marital cohabitation,the analysis of characteristics,the comparison with illegal cohabitation,de facto marriage,adultery similar concepts,and on this basis,the definition of non-marital cohabitation property relationship and the necessity of legal adjustment are basically combed.The second chapter is the current situation and deficiency of the legal adjustment of non-marital cohabitation property relationship in China.This chapter first introduces the relevant legal provisions of non-marital cohabitation property in China,describes the current situation of the law,and then points out the shortcomings of the legal provisions.It mainly includes the lack of clear legal guidance for non-marital cohabitation relationship,the unclear rules of property ownership of non-marital cohabitation,the vague rules of property division,the unclear rules of debt ownership,and the lack of economic compensation claims of vulnerable parties.The third chapter mainly uses the comparative law research method,has carried on the explanation,the comb and the comparative analysis to the representative country non-marital cohabitation legal system.Mainly includes the Mainland law system and the common law system non-marital cohabitation system legislation overview and the foreign non-marital cohabitation system comparative analysis and the prospect prospect,finally summarizes the national non-marital cohabitation legislation to our country enlightenment and the reference.The fourth chapter is the perfection of the legal system of non-marital cohabitation property relationship,which is the core of this paper.This chapter,on the basis of drawing lessons from and absorbing the advantages of foreign non-marital cohabitation system in legislation and judicature,responds to the shortcomings of the existing laws put forward in chapter 2.