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A Research On The Legal System Of Property For The Same-sex Couples

Posted on:2012-01-18Degree:MasterType:Thesis
Country:ChinaCandidate:G L HuangFull Text:PDF
GTID:2166330335469072Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Throughout the world of legislation, we have found such a trend, that the rights of same-sex couples face protection requirements, and even the legalization of same-sex couples marriage. However, same-sex couples in the world moving towards acceptance or approval by the attitude of today, the total of the legislation adopted an evasive attitude, avoidance of same-sex marriage, same-sex couples on the Protection ignored. Indeed, due to the traditional moral and political concepts, legal tradition, given China's current conditions of same-sex couples marriage rights is not mature enough, we can only look forward to the development of society and the general public the concept of change, in the near future will same-sex marriage put on the legislative agenda. Although legislation for same-sex marriage legislation can while avoiding premature, but the same-sex couples property rights protection is needed to solve the current problem.Existing text to same-sex couples property and expand the three core issues, is divided into four parts.The first part of the author of same-sex couples the results of a questionnaire and some other countries on the status of same-sex couples in the study as the starting point, expand on the relationship between same-sex couples the legal basis for the theory of property described. Same-sex couples rights protection is mainly reflected a solid theoretical foundation, the social basis of its legal basis, the constitutional basis for civil law the basis of the four foundation. The existence of same-sex couples are not turned out, it is the socio-economic, political, long-term development of the product, its society has its deep roots. In addition, the rule of law advocates the concept of equality before the law, same-sex couples as equal subjects of law, their legal rights should be protected by law. Civil protection of personal rights and equal subjects of property rights, same-sex couples property rights is no exception.The second part is mainly countries in the legal status of same-sex couples comparative law study tours to the United States, France, Denmark, Germany-based, but also on some of the typical case of same-sex couples were described on the fourth part of same-sex couples Construction of the legal system of property have certain significance.The third part of the Present from the perspective of three major issues same-sex couples, same-sex couples to analyze the legal problems. Three same-sex couples property issues as property, child adoption, inheritance of property. States have the appropriate measures to tackle the problem, and our attitude has become increasingly unsuited to avoid blindly social trend, based on the existence of these realities, the fourth part of the same-sex couples the legal system of property construction to pave the way to start the discussion.The fourth part of our same-sex couples property Legal System launched specific initiatives introduced, mainly from the four well constructed work:registration agreement type of property regulation, same-sex couples children adopted special regulations, same-sex couples inheritance special regulation, same-sex couples property legal system, supporting initiatives.In conclusion, I again stressed the construction of legal system of property same-sex couples need and practical urgency. And advocates of gay couples in countries of the relevant jurisprudence of property rights protection as a reference in order to achieve scientific and rational construction of our system.
Keywords/Search Tags:same-sex partners, property rights, child adoption, property inheritance
PDF Full Text Request
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