A Married Person With Same-sex Cohabitation Legal Issues | | Posted on:2022-10-16 | Degree:Master | Type:Thesis | | Country:China | Candidate:Y Lu | Full Text:PDF | | GTID:2506306512458814 | Subject:Civil and Commercial Law | | Abstract/Summary: | PDF Full Text Request | | With the homosexual community gradually appearing openly in the public view of our country,the marital status of homosexual community has been increasingly concerned by people.Especially in the face of the public eye pressure and pressure of China’s traditional family ideas,homosexual groups in the majority of people choose to conceal their sexual orientation and heterosexual marriage,but most heterosexual marriages also during the marriage and love relationship development for homosexual couples,causing marital opposite party should not bring damage,marital opposite party has the right to safeguard their legitimate rights and interests.Therefore,the relevant legal system should be improved to regulate the cohabitation between spouses and the same sex,and special relief departments should be established to provide professional help for the rights advocates,so as to protect the rights of "tongqi" and "tongfu" from infringement.The purpose of this topic is to find an appropriate legal approach to safeguard the rights of the kind party in marriage.For example,the fraudulent straight marriage is classified into the category of annulable marriage,and the party without fault can claim damages.The "spouse cohabiting with the same sex" is classified into the category of "spouse cohabiting with others",and then Sue for divorce and ask for divorce damages.At the same time,in the legislation to gradually promote the same sex couples system norms,as far as possible to curb the emergence of couples and same-sex cohabitation phenomenon.Only in this way can we comprehensively protect the interests of the disadvantaged groups in marriage and promote the happiness and stability of marriage and family.The thesis includes introduction,four chapters and conclusion.The introduction introduces the current situation of the homosexual community in China,the reasons for homosexual people to enter straight marriage,the immorality and illegality of homosexual people’s cohabitation with the same sex outside marriage,the psychological burden and pressure of the heterosexual spouse,the result of the infringement of various rights and the purpose of this paper.The first chapter analyzes the causes,characteristics and legal nature of cohabitation between people with spouses and people of the same sex,and concludes the root causes of this behavior and the lack of legal norms for this behavior.After comparing with "cohabitation between people with spouses and others",it is found that the scope of "others" should be broadened to include people of the same sex.The second chapter analyzes the legal consequences of cohabitation between people with spouses and the same sex,and concludes that "tongqi" and "tongfu" are suffering from great pressure and destruction,and it is urgent to regulate this behavior.The third chapter analyzes the necessity and feasibility of regulating cohabitation between spouses and the same sex,which lays the foundation for legislative and judicial suggestions.The fourth chapter,the author puts forward some suggestions to avoid the occurrence of same-sex marriage and the laws and institutions for the good faith party to protect their rights and interests in the dissolution of the marriage relationship. | | Keywords/Search Tags: | same-sex cohabitation, direct marriage, revocable marriage, divorce proceeding | PDF Full Text Request | Related items |
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