Research On Civil Law Issues Of Non-maritial Cohabitation Of The Senior Citizens

For a long time,the attitude of civil law for non-marital cohabitation is always "no protection,no intervention and no punishment",so that people live on tally are always in an embarrassing situation.As the special subject of non-marital cohabitation,the elderly may unluckily face more complex problems during such relationship.More and more practical problems caused by it have been noticed.The purpose of this paper is to study the civil law of unmarried cohabitation of the elderly,so that we can make some legislative suggestions Aa a result,we can protect the legal rights and interests of the elderly better.This paper adopts the methods of literature research and case analysis.Firstly,we figure out the definition of the elderly and unmarried cohabitation.Then we find out the differences among unmarried cohabitation,concubinage and the fact marriage.Then we summarize the characteristics of unmarried cohabitation of the elderly which are open,voluntary and continuous.Besides,there is no legal procedure for the establishment and dissolution.We analyze how economic factors and ideological factors affect the elderly’s attitudes.In the main part of the article,we analyze civil law issues on unmarried cohabitation of the old people.On the one hand,the existing rules of civil law can hardly solve problems about the personal relationship of unmarried cohabitation of the elderly under the current legal system from the perspective of daily household agency,cohabitation care and informed consent right.On the other hand,there are also a large number of disputes considering property ownership,inheritance,debt and creditor’s rights,the omission of compensation for housework,and inadequate protection of the rights and interests of the weak party.We give some suggestions by analyzing the deficiencies of current legal regulations.From the last part,we present an idea different from the widespread view among the academic circle.Most of the scholars hold the view that we should establish the special law on unmarried cohabitation of the elderly or put non-marriage cohabitation under the adjustment scope of the marriage law.Contrary to this view,I think chapters or provisions should be added to the law on the protection of the rights and interests of the elderly rather than the law of marriage.Therefore we can safeguard the interests of the elderly,especially the vulnerable ones better on the premise of maintaining the institution of marriage.