The Legal Conflict And The Law Application Of The Property Relationship Of Foreign Non-marital Cohabitation

The phenomenon of foreign non-marital cohabitation is increasing all over the world,and there are also an increasing number of non-marital cohabitation disputes,and the property relationship is the key to solve the disputes about foreign non-marital cohabitation.Until now,there are some countries having tried to make legislative rules on the property relationship between non-marital cohabitation.However,because of the different attitude towards the property relationship between non-marital cohabitation partner themselves,such as the property system,the relationship of maintenance and inheritance relationship,so as to the property relationship between non-marital cohabiting couples and the third party,conflict of law cannot be avoided.The existence of legal conflict has a great influence on the property rights and obligations of unmarried cohabiting couples.In addition,the understanding of the rules of the unmarried cohabitation property relationship between different countries,as well as the research on the applicable law of unmarried cohabitation property relationship,has important significance for China's construction of law application system of foreign unmarried cohabitation property relationship.The paper focuses on the domestic substantive law provisions and conflict law provisions of representative countries as for the property relationship of non-marital cohabitation,and tries to conduct a comparative study on them.Then,the author combines some important principles of private international law,and attempts to analyze whether these principles can be applicable to property relationship of non-marital cohabitation and if possible to what extent to be applied.In the end,the article summarizes the system of the property relationship of foreign non-marital cohabitation between different countries,and tries to construct the rules of conflict law of non-marital cohabitation property relationship.The main body is divided into three parts:the first part introduces the definition and scope of the property relationship of non-marital cohabitation.The second part explains the legal application of the property relationship of non-marital cohabitation,including the legislative model of different countries,and the specific principles and the extent to which the law is applicable.The third part is about the prospective of foreign unmarried cohabitation property relationship concerning our country.Based on the rules of unmarried cohabitation property relationship in our country,the paper puts forward some specific suggestions on the applicable law of foreign unmarried cohabitation property relationship.