Research On The Legal Issues Of Non-marital Cohabitation Of The Elderly In China

With the development of the times,the way the elderly provide for the elderly has also undergone important changes,and more and more elderly people choose the non-marital cohabitation method of gender union.Compared with general non-marital cohabitation,non-marital cohabitation of the elderly has characteristics such as poor stability,no fertility troubles,and special age.In addition,the interest relationship involved in non-marital cohabitation of the elderly is also more complex,not only involving personal conflicts and disputes,but also causing contradictions and conflicts between the two families,so it is necessary to conduct in-depth research on the phenomenon of non-marital cohabitation of the elderly.This article is mainly divided into six parts.The first section is the presentation.In this section,the author first defines on the research background and research importance of the legal issues of non-marital cohabitation of the elderly,which is mainly divided into two levels: theoretical significance and practical significance.Secondly,the main research methods of this paper are clarified;Finally,the research trends on the legal issues of non-marital cohabitation of the elderly in China and abroad are mainly analyzed.The second part provides an overview of the legal aspects of non-marital cohabitation for older persons.In this part,the author first defines the meaning of elderly and non-marital cohabitation,and lists the views of relevant scholars;Secondly,non-marital cohabitation and other related concepts are analyzed;The author believes that the non-marital cohabitation of the elderly has the characteristics of the same meaning of partnering for the elderly,basically not having the trouble of supporting remarried children,and at least one party reaching the legal age of old age.Finally,the reasons for non-marital cohabitation of the elderly are analyzed,and it is believed that the reasons why the elderly do not choose to register marriage are the obstacles of kinship,the constraints of family ethics,and the constraints of property issues.The third part deals with problems arising from non-marital cohabitation of older persons.In this part,the author analyzes the typical cases of non-marital cohabitation of the elderly in combination with the current judicial situation in China,and puts forward related issues such as maintenance rights,property ownership,property inheritance,creditors and debts,and analyzes and studies these problems in detail.The fourth partis a comparison of the provisions related to non-marital cohabitation of the elderly outside the territory.In this section,the author introduces the provisions of the United Kingdom,the United States,France and Japan on the legal issue of nonmarital cohabitation of the elderly,and explains the advantages and disadvantages of their system.Through comparative analysis,the content that China can learn from is summarized and summarized.The fifth part deals with the need to legislate for non-marital cohabitation of older persons.In this part,the author believes that the legal issue of non-marital cohabitation of the elderly is mainly due to the following reasons: first,because the legislation on non-marital cohabitation of the elderly is not perfect;Secondly,the enactment of non-marital cohabitation of the elderly is an inevitable choice for social development and an inevitable means to protect vulnerable groups.The sixth part is a proposal on the legal issues of non-marital cohabitation of the elderly in China.In this part,the author puts forward corresponding suggestions for solving the problems of maintenance,property ownership,property inheritance,creditors and debts in combination with the principles that should be applied in dealing with the legal issues of non-marital cohabitation of the elderly in China.The legislative proposals enumerate the principles of protecting the legitimate interests of vulnerable groups,distinguishing them from the marriage system and respecting the autonomy of the parties,and secondly,put forward corresponding suggestions on the issues of maintenance,property ownership,inheritance,creditors and debts.In the question of the right to maintenance,it was mentioned that non-marital cohabitation could only be requested from the other party after two years.On the issue of property ownership,it is believed that the principle of property distribution should be based on personal property and supplemented by the common property system,and suggestions are put forward to clarify the validity of cohabitation agreements,notarization of property before cohabitation,and recognition of the value of housework.In the case of inheritance,measures such as the right to share the inheritance,the creation of residency rights and the right of pre-emption are proposed.On the issue of creditor’s rights and debts,proposals were put forward such as the principle of individual debt being borne by individuals and the joint burden of joint debts as a supplement,and granting family agency rights.