On The Recognition Of The Common Debt Of Foreign Countries Under The Condition Of Non Marriage And Cohabitation

At present,the phenomenon of non marital cohabitation is widespread in China,and there are various problems in the process of non marital cohabitation,including: Disputes over labor analysis,child support,debt bearing,etc.the judicial practice is also multifarious.In the face of endless cases and problems,there is only a judicial interpretation of several opinions on the trial of cases of cohabitation in the name of husband and wife without marriage registration in China,so there is no targeted reference basis for handling such cases,the main provisions of Article 11 of this judicial interpretation,so in dealing with such cases,there is no targeted reference.In addition,due to the complexity of the case itself and the problem of evidence,it is difficult to protect the legitimate rights and interests of creditors.The research object of this paper is the determination of foreign common debt disputes under non marital cohabitation,which involves four parts: the first part points out the basic concept of foreign common debt under the vision of non marital cohabitation,analyzes the theoretical and practical positioning of non marital cohabitation,and determines the concept of foreign common debt under non marital cohabitation;the second part studies the foreign common debt under non marital cohabitation Starting from the practical situation,the paper lists five typical cases of court decisions in the recognition of the same debt.The third part discusses the extraterritorial reference of the recognition of the foreign common debt from the perspective of non marital cohabitation,studies the legislative and judicial status quo and relevant theories and practices,lists the types of responsibility bearing and the division of responsibility in the foreign common debt of non marital cohabitation,and properly refers to the foreign countries The fourth part discusses the revision and improvement of the recognition mechanism of foreign common debt under the condition of non marital cohabitation.Finally,I put forward my own ideas,hoping to be able to give some enlightenment and help to the handling of the cases of foreign common debt caused by non marital cohabitation.