Legal Studies Of Regularizing Non-marital Cohabitation

The phenomenon of unmarried cohabitation is increasing day by day. It has been one ofthe focuses of our society. Presently, people ranging from white-collar to migrant workers arebecoming more and more favored in this free sex combining ways in China. The constantlyappearance of problems in unmarried cohabitation has caused widely discussion about thedefination of the properties of unmarried cohabitation in academia. Until now, however,China hasn’t fulfilled registration of unmarried cohabitation legally, only several terms areavailable. As the group who choose unmarried cohabitation becoming bigger and bigger, theproblems become more and more obvious. It may trigger lots of social contradictions if wedon’t fulfill the registration of unmarried cohabitation legally. As a result, it may become oneof the factors of social unrest. So this paper gives a defination of unmarried cohabitation, thencompare the status of unmarried cohabitation between China and foreign countries. Finally, itgives some suggestions on how to solve the problems in unmarried cohabitation.This paper will analyse unmarried cohabitation from the following several aspects:Chapter one is the relationship overview of unmarried cohabitation. It analyses theconnation of unmarried cohabitation based on its defination. At the same time, it explains theconstitutive requirements of unmarried cohabitation, giving some specific requirements forthe parties on main area, substantial requirements and formal requirements. Except that, italso gives some explaination on social basis, system, concept changing and foreign legislativemodel about the necessity and feasibility of unmarried cohabitaion. It comes out that it isnecessary to regulate unmarried cohabitation for legislation in China.Chapter two is the analysis of foreign regulaitons governing unmarriedcohabitation.Article departure from common law and civil law are two different modes oflegislative and non-marital cohabitation legislative system of common law in the UnitedStates, Britain and Australia, the civil law of France, Germany, the Netherlands, Belgium andother countries detailed exposition of the system content and system of the pros and cons ofthe analysis, and recommendations for China’s non-marital cohabitation legislation lay thefoundation.Chapter three is the status of unmarried cohabitation and suggestions for legislation inChina. This paper analyses the shortages of present legislation of unmarried cohabitation afterthe introduction of relative legislation about unmarried cohabitation in China.Chapter four is the suggestion of the legislation of unmarried cohabitation. It gives somesuggestions on legislation of unmarried cohabitation from aspects of legislation model,appliable principles, personal and property relations and so on by analysing China’s realityand referencing advanced legislation in foreign countries.Totally speaking, unmarried cohabitation is a kind of living model for people. It’s aninevitable phenomenon with social development and human progress. Only by creating acomplete legal system can we prevent and avoid the things which are harmful to the interestsof both parties happen, so as to maintain the social stability and development.