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Research On Legal Issues Of Non-marital Cohabitation

Posted on:2022-02-04Degree:MasterType:Thesis
Country:ChinaCandidate:J R ShiFull Text:PDF
GTID:2506306545988969Subject:Law
Abstract/Summary:PDF Full Text Request
In modern society,people’s thinking and concepts have undergone more open changes,and more and more people have chosen the lifestyle of non-marital cohabitation.We should not underestimate the problems caused by the expansion of the scale of this way of life.my country currently holds a non-interventional and neutral attitude towards non-marital cohabitation.The existing law only has a few provisions on property disputes and child support disputes when non-married cohabitation is dissolved.In order to enable the law to better adapt to the current reality,this article analyzes the relevant cases and summarizes and analyzes the current problems facing our country,and combines the experience and practices of foreign countries on these problems to regulate the legal issues of non-marital cohabitation in our country.Make relevant suggestions.This article discusses the themes of the article from three parts: First,it expounds the concept and characteristics of non-marital cohabitation,and differentiates between non-marital cohabitation,de facto marriage,and illegal cohabitation.Secondly,it sorts out my country’s laws and regulations on non-marital cohabitation and summarizes the possible problems in reality and justice in my country’s regulation of non-marital cohabitation relations,including the lack of regulations on the personal relationship adjustment of non-marital cohabitation.Problems;the ownership of the cohabitation property is unknown,and the problems of both parties analyzing the birth difficulties when the relationship is terminated;the problem of the lack of property inheritance regulations of the cohabiting parties;the difficulty of protecting the rights of third parties after the termination of the relationship and the insufficient protection of the rights of vulnerable groups.Finally,it is to combine the problems raised with foreign practices,propose the establishment of a system of combining de facto partners and registered partners in the regulation of personal relationships,and give some personal rights to non-married cohabiting parties;in terms of property regulation,it is proposed to improve the internal property of non-marital cohabitation.The distribution system and the system of assuming debts to third parties,in special circumstances,give the cohabitation party the right of inheritance;in the protection of vulnerable groups,put forward relevant recommendations to give the vulnerable party preferential protection.This article mainly uses theoretical research methods,empirical analysis methods and other methods to discuss the concepts and issues related to non-marital cohabitation.It relies on statistics published by the Supreme People’s Court of the People’s Republic of China and the Ministry of Civil Affairs of the People’s Republic of China as well as the combination of China Judgments Network and Peking University Magic Weapons.The published case judgments are used to support the continuous expansion of the current non-marital cohabitation group in the paper,the high acceptance of non-marital cohabitation and the increasing number of non-married cohabitation dispute cases in judicial practice,etc.,to put forward and exist.Suggestions related to the problem.
Keywords/Search Tags:non-marital cohabitation, personal relationship, property relationship, vulnerable groups
PDF Full Text Request
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