Study On The Typing Of Cohabitation Analysis Of Disputes

The Interpretation of the Supreme People’s Court on the Application of <The Civil Code of the People’s Republic of China> Marriage and Family Organization continues the previous provisions,and the parties to cohabitation can still file a lawsuit to a people’s court if the dispute is caused by the property division during the cohabitation period.However,the provisions of the nature of the property acquired during the cohabitation and how to divide it,the current law are relatively rare and rough,so that the handling of many disputes cannot directly find a clear basis from the existing legal provisions.In view of this problem,there are also different views in judicial practice and academic theory.Based on this,this article by combing the legal norms related to "cohabitation" and "cohabitation relationship disputes" related cases,from "the nature of the property and attribution","cohabitation type" the two core issues,trying to put forward the identification of personal property and common property during cohabitation standards and division rules.The main contents of the paper are divided into three parts.The specific contents are as follows:The first part,cohabitation analysis of production dispute practice analysis.First of all,the evolution of the law and policy of the cohabitation relationship is sorted out to explore the difficulties faced by handling the cohabitation relationship in the level of legal application.Secondly,the relevant cases of cohabitation analysis and property disputes are retrieved,and the dispute focus,legal basis and court judgment ideas of such cases in practice are summarized.Finally,the characteristics and causes of the two types of cohabitation relationship in real life are analyzed.On this basis,the cohabitation relationship should be studied,and the cohabitation relationship is divided into "marital cohabitation relationship" and "unmarried cohabitation relationship" according to the subjective will of the parties.The second part mainly studies the scope of common property and the type of common relationship.First of all,by summarizing the commonality of marriage cohabitation relationship and invalid marriage,and drawing on the mode of regulating the cohabitation relationship of marriage outside the domain,the property not based on common behavior is considered as common property according to the property processing rules of invalid marriage.Secondly,by sorting out the provisions related to marital cohabitation in the judicial interpretation,it is proposed that marital cohabitation relationship assumes the function of marriage and family,which can become the basis of common sharing.The third part focuses on the type of common relationship.The cohabitation without marriage shall be dealt with in accordance with the general rules arising in common,and the labor income of the party belongs to the individual.In terms of the identification of common type,through the concept of "family" in academic theory and legal formulation,it is concluded that the cohabitation relationship without marriage cannot be classified into Article 308 and "family relationship" of the Civil Code.If the parties do not agree or the agreement is not clear,it can not be presumed to be Co-ownership.However,the law does not clearly deny the effect of the co-owner’s common agreement.Therefore,based on the principle of respecting the parties’ meaning of autonomy,the effect of the agreement should be recognized.