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Lift the Cohabitation Agreement on Compensation for the Effect of Identification and Processing

Author: WangLin
Tutor: ZhangHuaGui
School: Southwest University of Political Science
Course: Legal
Keywords: Extramarital Cohabitation Compensation Agreement Determination of validity Processing
CLC: D923.9
Type: Master's thesis
Year: 2011
Downloads: 43
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Abstract

Recent years, along with social progress, economic development, people in the political,cultural. Ideological and other aspects have big changes, which lead to significant changes in the concept also.’raise mistress’. phenomenon appears again and again, which become the focus attention problem in judicial field.The relationship between husband and wife in extramarital cohabitation party will often gift of property third, or to remove cohabitational relation with the third signed compensation agreements, when the dispute to the court, the court often violate the principle of public order and good customs and declared grant act invalid or void compensation agreements, this decision caused the law and society hot debate.‘compensate agreement’is the work of the people’s court has become the outstanding issue, also become the focus that people pay close attention to the judicial practice field. Extramarital cohabitation and third in the free will of the agreement signed, if found to be invalid, since his wife’s point of view, the protection of the wife’s property, maintaining a monogamous system, and from third person perspective, free will, signed agreements, for violating the public order and good customs and of course the annulment, seems to in third some unfair, but also to the extramarital cohabitation escape from legal action in respect of opportunity.If you can not trade-off between the three balance of interests, the correct understanding of compensate agreement phenomenon, cannot be determined rationally remove cohabitational relation compensation agreement in what circumstances, under what circumstances? This will undoubtedly family harmony and social stability challenges, and build a socialist harmonious society in China and draw further apart, so both in practice and theory to solve the lifting of extramarital cohabitation compensation agreement appears especially important.This article from the case analysis direction,try from a typical case caused problems to is divided into four parts to carry on.The first part is the presentation of a case. The case of case and case makes one introduction, enable us to this case and the cases in question have probably understanding; second part of the paper the focus of controversy in this case. To make clear the main research question is what? The third part summarizes the differences and opinion. Make us understand the case whether or not the study value? The fourth part is the focus of this paper is to research conclusion. Aiming at the focus of controversy in this case and the divergence of opinion on the case, some relevant problems are detailed theoretical studies and legal analysis. From extramarital cohabitation meaning, type, remove cohabitational relation compensation agreement study, aiming at the questions put forward reasonable solutions and perfect measures, the extramarital cohabitation to remove cohabitational relation signed compensation agreement to make accurate identification, as well as on marriage, cohabitation and third, lawful spouse three benefits balance to lawful, reasonable, rational treatment.Extramarital cohabitation is a long-standing problem, not a short duration of time can be solved. And a new judicial interpretation, in practice also can encounter a lot of beat all problems. However, there is a solution to the problem that is a good start, in practice only slowly groping, and strive to balance the interests of all parties, to restore the authority of law. This article is the author superficial opinion on remove cohabitational relation compensation agreement to deal with that.

Lift the Cohabitation Agreement on Compensation for the Effect of Identification and Processing

Abstract

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