Research On The Property Of Elderly Non-marital Cohabitation

Unmarried cohabitation is becoming more and more common among the elderly.In order to avoid the contradiction of property division and maintenance brought by remarriage,more and more elderly people choose to live together without marriage.It is the best choice to accompany each other and meet their own spiritual need as well as e scape the shackles of marriage and spend their twilight years with their partners.However,due to the lack of direct legislation for the elderly unmarried cohabitation,There are a series of legal problems in the process of the fast and less stable campanion for the aged,which can not be remedied,especially the property problem.The property rights of civil subjects should be equally protected by law.The nature of unmarried cohabitation of the elderly can be defined as quasi marital relationship,which is a kind of factual state similar to possession in real right.The property problems caused by the unmarried cohabitation of the elderly,such as property ownership,debt bearing,right of residence and inheritance,are quite difficult and common in reality.We need to use legal means to intervene and adjust to a certain extent.After studying the provisions of the relationship between the common law system and the civil law system on the relationship between the non marital cohabitation property and the current application of the law of the elderly in China,this paper suggests that the basic principles of respecting the autonomy of the parties,the difference between marriage and the protection of the interests of the weak are the basic principles,and the fact state mode as the adjustment mode is used to adjust the elderly non marital property relations The property relationship of marriage cohabitation should be adjusted by law.In the specific content,we should implement the agreed property system and separate property system,and make certain restrictions on the separate property system;recognize the value of housework;give cohabitants the right of daily family affairs agency;protect the cohabitants’ right of residence by setting the residence contract;clarify the way of cohabitants to realize inheritance.We can unify the application of law by introducing new judicial interpretation or issuing guiding cases,clarify the property relationship of unmarried cohabitation of the elderly,and bring the problems caused by it,including property ownership,debt bearing,protection of habitation and inheritance,into the orbit of legal adjustment,so as to realize the protection and relief of the rights and interests of the elderly.