Legal Regulation Of Unmarried Cohabitation

Through the networks, newspapers, we can see that non-marital cohabitation is not a new phenomenon as it has been, as a group, the number of the cohabitant is not small. The phenomenon also brought about a series of questions, such as property disputes, inheritance and parent-child relationship. On the problem of non-marital cohabitation, China hasn’t rule specific legislation for it. In this paper, it mainly draws at the results of previous studies on the basis of the practical problems for study abroad and introduce the relevant legislation, combined with the reality of our country, gives the relevant legislative proposals.The title of this paper is " Study On Legal Regulation of Non-Marital Cohabitation ".The content is divided into four parts, namely, the present questions of non-marital cohabitation, the necessity and feasibility of the regulation system of non-marital cohabitation, Legislative examination of foreign legislations and study and analysis of the questions and the ways to improve it in our country.The first part starts with three cases leading to the existent problems of non-marital cohabitation in the main:property, inheritance, parent-child relationship and the termination of the relationship. And then on whether or not to carry out the regulatory system on these issues, the paper provided two academic viewpoints:affirming and denying.The second part is the comparative analysis of the law regarding to the non-marital cohabitation of France, Germany, Ethiopia which are of the civil law legal system and that of the United States and Britain which are of the common law legal systems, from the aspects of main body, identity relations, property relations, inheritance and dependency relations, parent-child relationship, cohabitation and the termination of the relationship.The third part analyses the necessity and feasibility to legislate on the problem of non-marital cohabitation from legal point of view in our country. In terms of feasibility, to enact legislation to regulate the system of non-marital cohabitation is in line with present trend of the world, it is necessary to protect human rights, to make up for deficiencies of existing laws and to show "weaker-protection" embodiment. Nowadays, we have the social basis of legislation on non-marital cohabitation, the value of legal justice has been taken seriously, harmonious ideas are deep in people the growing trends to have laws on this regulation are tolerant.The fourth part reviews the status quo of our country about legislative conditions of non-marital cohabitation, then points out that, the lack of legislative regulations on personal relationship in non-marital cohabitation; lack regulations on property relations; the provisions of the relationship between non-marital cohabitants and their children are unscientific; the lack of establishment of he legislative model of non-marital cohabitation. Based on this the paper points out the non-marital cohabitation regulation principles in our country, such as reasonable compensation, the priority of the application of common-law protocol, the value of neutrality and the principles to protect effectively the rights of children, and interests of. Finally on the issues raised in the first part and the current legislative status of the existing regulatory system the paper provides the solutions one by one:giving limited rights of identity like the legal spouse in personal relationship; giving priority of principle of freedom in terms of contract of cohabitation, using the principle of fairness when there is absence of conditions of contract unless one can prove the property is his or hers exclusively; Family raised and regularized system of claim, in line with the principle of maximizing the benefits of their children deal with parent-child relationship; at termination, according to whether the registration of common-law partners are divided into two situations. At the procedural protection, the provisions of the court should accept the non-marital cohabitation litigation.