The Study On Law Application In Relationship Of Property In International Non-marital Cohabitation

With the further development of the world economy, the increasing frequent cultural exchanges and the changing view of family and marriage, international unmarried cohabitation becomes common. At present, many countries pay close attention to this phenomenon, and take first step to the related theoretical study and construction of legislation.However, different attitudes lead to divergent provisions on unmarried cohabitation. These differences in theoretical knowledge and practical operations, ranging from the ownership of the property to the management of the division of property, explains the reason why conflicts exist in this field. The existing conflicts of laws, has a great influence on the rights and obligations of all parties. Therefore, in relationship of property in international unmarried cohabitation, the interpretation and selection of different laws are of great importance for judges.Unmarried cohabitation has special personal attributes, which differs a lot from the common property relations that concerning foreign affairs or foreign marriage. So in the process of accelerating the building of the relative provisions for coping with the insufficient protections of this issue, what we need to do is to stand on our own ground. For international unmarried cohabitation property disputes,the problems to be solved lay on that which court has the jurisdiction, how to choose the applicable law and how to solve the conflict of laws in the practical cases, for the purpose of the realization of the substantial justice of private international law. Therefore, to discuss the existing problems of lawmaking and practical operation and come up with advises for those problems are of great necessity.A comprehensive discussion of law application in property relations in international unmarried cohabitation contributes to the development of marriage and family relations in the private international law. The author focuses on the effect of the application ofinternational marital cohabitation property relations, and holds the idea that "jurisdiction approach " and " conflict of law approach" should be combined in practical operations. At the same time, a full consideration of the determination of jurisdiction aims at finding the most proper law application.This paper intends to use four parts to claim its study of the related issues. In the first part, this paper studies the concept of unmarried cohabitation and the definition of the scope of property relations.The second partintroduces studies on the reasons of conflict of laws and makes a brief narration of the concrete performance, the current situation to make a general description of the applicable law. The third part focus on the studies of how to determine the jurisdiction on the basis of "jurisdiction approach" and "conflict law approach" and present detailed analysis of such problems in choosing the applicable law. The fourth part, the author proposed her advice of the legislative proposalson how China behave in dealing with disputes in property relationship in the international unmarried cohabitation on the basis of combining the applicable law analysis.