Research On The Legal Issues Of Unmarried Cohabitation Of The Elderly

In recent years,with the improvement of economic development and the renewal of people’s values,there have been a series of new changes in the field of marriage and family.More and more elderly people choose the way of gender combination of unmarried cohabitation.The non-marital cohabitation of the elderly in China has the same characteristics as that of other subjects,such as poor stability,low social recognition,lack of legal protection and so on.At the same time,it also has particularity,such as the elderly generally no longer pursue the satisfaction of "sexual life",mainly for the purpose of pension and mutual care,generally does not involve fertility problems.In consideration of the particularity of the elderly non-marital cohabitation group,the elderly cohabitation is studied independently from the general non-marital cohabitation.Compared with the non-marital cohabitation relationship formed with other subjects,the non-marital cohabitation relationship established by the elderly is more complex.Different from the simple family structure of the young,the elderly have to face various contradictions between each other or between the two families,and the interest network is also more complex.Therefore,on the basis of respecting the elderly’s independent choice and personal dignity,legislation should be adopted to adjust the unmarried cohabitation of the elderly.In addition to the introduction and conclusion,the main body of the article includes four parts.The first part,starting from the basic concept of unmarried cohabitation of the elderly,analyzes the causes of unmarried cohabitation of the elderly and the necessity of legislation of unmarried cohabitation of the elderly.Unmarried cohabitation of the elderly refers to a kind of sexual union in which two heterosexual couples without spouses,who are over 60 years old,live together voluntarily for a period of time without marriage registration.The second part,through the analysis of the judicial status quo,combined with specific cases pointed out that the elderly in China’s unmarried cohabitation involved in such as joint property ownership,debt,inheritance,support legal issues,to analyze the existing problems,to propose solutions to provide a starting point.The third part,through comparative study,introduces the relevant legal systems of common law countries and civil law countries.In view of China’s national conditions and reality,it summarizes and summarizes the parts worthy of reference for China.The fourth part,through the comparison of contract mode,identity mode and fact state mode,analyzes the advantages and disadvantages of the three different legislative modes,and draws the conclusion that China can adopt the fact state mode as the main legislative mode,and the contract mode as the auxiliary legislative mode.Secondly,it expounds the legislative principles of unmarried cohabitation of the elderly in China.Finally,this thesis puts forward specific suggestions on improving the law of the elderly’s non-marital cohabitation in terms of common property ownership,debt commitment,inheritance and support.