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Legal Studies Of Regularizing Non-marital Cohabitation

Posted on:2011-06-18Degree:MasterType:Thesis
Country:ChinaCandidate:W G XuFull Text:PDF
GTID:2166360305982353Subject:Law
Abstract/Summary:PDF Full Text Request
In today's society, whether in urban or rural areas, the number of non-marital cohabitation is increasing. This social phenomenon can not be ignored, It is also a product of the times, leading to a series of problems, such as property of non-marital cohabitation, the possession of inherit and foster. With regard to non-marital cohabitation, there are no special laws of non-marital cohabitation which is limited so extramarital cohabitants are protected by law. Therefore, in this article it is based on summarize of internal and external achievements .We study present situation which is existence of non-marital cohabitation and makes many questions. But for the introduction, the total characters of four parts is about 2.2 million."Legal Regulation of non-marital cohabitation research" ,as the text title, is divided into four parts, namely, the problem, China's non-marital cohabitation the feasibility and necessity of the legislative analysis. An overview of the foreign enactment of legislation builds on the non - cohabitation legislative thinking.Part one, introducing a question , lists three typical cases, to be used to raise research questions of this article, namely, the property of non-marital cohabitation issues, identity issues, maintenance issues, parenting issues, the external validity problems. These issues are raised to be addressed for this study.Part two, China's non-marital cohabitation legislation, the necessity and feasibility, analyses the legal existence of the phenomenon of non-marital is protected weakly, for the legislative international needs, safeguarding the legitimate rights and interests of a third person's needs. On its feasibility, it lies the main function of the change in the family, social tolerance, other social infrastructure, and their economic independenc, lifestyle, diverse economic basis.Part three is the analysis about some cases of foreign legislation, mainly concluding the common law and civil law , which concerns to analyze the United States, Britain, Germany, France and other countries in property, life, relationships, nheritance, parent-child relations and labor death compensation, dependency, etc. It also gives a brief overview and comparative analysis.Part four is about China's development of non-marital cohabitation law. This part also gives a legislative thinking basing on the above three parts. Because of China's non-marital cohabitation legislation is inadequate, so, during in the development of non-marital cohabitation law, we should also consider non-marital cohabitation personal relations, property relations, dependency claim, parent-child relations and the effectiveness of other aspects of external regulation of science. Otherwise we can not reach to the goal of better protectiing the weak, nor to better safeguard our social stability.
Keywords/Search Tags:Non-Marital Cohabitation, Legal Regulation, Legislative Consideration
PDF Full Text Request
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