| Unmarried cohabitation refers to the fact that both men and women without a spouse live together continuously and stably without marriage registration.Unmarried cohabitation as a social phenomenon exists in marriage history for a long time,the judicial interpretation from "admitted-limit admit-don’t admit-conditionallyadmitted" four distinct attitude change,the current legislation of unmarried cohabitation is no related regulations,judicial interpretations for the legal effect of unmarried cohabitation is vague and the judicial practice of unmarried cohabitation due to the lack of legal regulation of property disputes emerge in endlessly.In the long run,this is not conducive to the stability of the cohabitation relationship and the rights and interests of the cohabitation relationship.This article embarks from the case raises the author on some issues of unmarried cohabitation property,then by defining the concept of unmarried cohabitation,constitutive requirements,combing the judicial practice of attitude change,sums up the necessity of the study on the relationship between the unmarried cohabitation property and the research object,and through comparing the different countries about property relation in unmarried cohabitation,the relevant provisions of the regulation for unmarried cohabitation property relationship advice.This paper is divided into four parts,with the research path of "raising problems--an overview of unmarriedcohabitation and its property relations--a comparative study of unmarried cohabitation property relations in countries outside the region--proposing regulatory suggestions".The first part is to put forward problems,by analyzing the judicial status and typical cases of unmarriedcohabitation property disputes,summarize the existing problems in judicial judgment of unmarried cohabitation property disputes.The second part is an overview of unmarried cohabitation and its property relationship.On the basis of defining the concept and constitutive elements of unmarried cohabitation,the author analyzes the changes of attitudes towards unmarried cohabitation in four different stages of judicial practice.The author thinks that unmarried cohabitation refers to the fact that both men and women without a spouse live together continuously and stably without registration,and it should meet the five constitutive requirements,that is,both men and women have no spouse,live together continuously and stably,live together openly,both parties are willing and have not gone through marriage registration.This leads to the necessity of the research and the object of the research,that is,unmarried cohabitation in the ownership of property relationship,debt relationship and the relationship of support.The third part is a comparative study on unmarried cohabitation property relations in countries outside the region.This part firstly investigates the legal regulation of unmarried cohabitation property relationship in Britain and the United States,and then studies the relevant legislation of unmarried cohabitation property relationship in France and Germany.By comparing and summing up the legislative experience,it provides reference for the regulation of unmarried cohabitation property relationship of our country.The fourth part puts forward the regulation suggestion.On the basis of referring to the legislation of unmarried cohabitation property relationship in other countries,this part puts forward some suggestions for regulating unmarried cohabitation property relationship of our country from the three research objects of this paper.Finally,it further emphasizes the significance of the research on the unmarried cohabitation property relationship and deepens the theme. |
