Research On Property System Of Unmarried Cohabitation

China’s marriage concept and marriage culture are in a period of transformation.With the increase of the number of unmarried cohabitation,disputes often occur because of property problems after the dissolution of cohabitation,and the resulting problems are more and more complex.Some scholars believe that if the law regulates the non marital cohabitation,it is equivalent to the law recognizing the non marital cohabitation,which is a huge impact on China’s marriage system and reflects the value measurement that does not conform to the public cognition.The reality is that if we always avoid this problem,a series of property problems of cohabitation will not be solved.The law should be regulated and legislation is imperative.This paper attempts to clarify the problem of property treatment of unmarried cohabitation in theory,compare foreign laws,and combine with the actual situation of our country,in order to provide a feasible scheme for the settlement of property ownership and debt disputes of unmarried cohabitation in our country.The first chapter is the analysis of the basic problems of the property system of unmarried cohabitation.This part aims to clarify the extension of the concept of unmarried cohabitation and the nature of property relationship.There are various forms of cohabitation.Unmarried cohabitation does not refer to all cohabitation other than intra marital cohabitation.Extramarital cohabitation belongs to another legal relationship according to the negative evaluation of the law.In the face of same-sex cohabitation,the boundary of freedom is whether our traditional cultural customs and public cognition can reach the majority acceptance.Therefore,the extension of the concept of unmarried cohabitation excludes extra marital cohabitation and same-sex cohabitation.It is clear that non marital cohabitation is neither advocated nor prohibited by law,and it is distinguished from similar concepts such as illegal cohabitation and de facto marriage.Unmarried cohabitation is different from partnership in nature,so it is not suitable to use partnership theory to deal with property relations.British civil partnership,French joint civil treaty and so on are all worth learning.The third chapter is about the choice of legislative mode of unmarried cohabitation in China.Through the comparison of foreign legislation,we can find that the mode of cohabitation legislation is suitable for our country,which should be given the independent legal status of unmarried cohabitation,and it is not suitable to set the formal elements.Chapter four,the internal effect of the property system of unmarried cohabitation.On the property system,it affirms the practice of examining the cohabitation agreement based on the principle of contract,makes reasonable assumptions on the effective conditions and rules of the cohabitation agreement,and establishes the principle of priority of the agreed property system.According to the theory of cooperation,it is appropriate to adopt the separate property system.On the property division,the division of movable property considers the existence of fault,and the division of real estate depends on whether the ownership registration is consistent with the actual investment.At the same time,it affirms the value of housework and allows the parties to claim compensation.Chapter five,the external effect of the property system of unmarried cohabitation.Foreign debt is divided into personal debt and joint debt.By demonstrating the agency right of daily family affairs,it is proposed that the debt used by unmarried cohabitants to live together is joint debt.In addition,joint debt can be established only when both parties express their will,and the debt in the name of individual is joint debt.While protecting the unmarried cohabitants,we should also consider protecting the interests of the third party.When unmarried cohabitation uses improper behavior to transfer property to avoid debt,it is a feasible way to provide relief for the third party.