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The Study on Legal System of Unmarried Cohabitation

Author: TaoZuo
Tutor: BaiJie
School: Xinjiang University
Course: Civil and Commercial Law
Keywords: Unmarried cohabitation Legal system Necessity Feasibility Civil partnership
CLC: D923.9
Type: Master's thesis
Year: 2011
Downloads: 84
Quote: 0
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Abstract


In recent years, with the concept of people opening and changing and the pursuing on diversity of life. Unmarried cohabitation have been accepted and practiced by more and more people, as well as more and more disputes and social problems. On the one hand unmarried cohabitation has become increasingly generally, on the other hand is the indifference and almost blank of law, the direct consequences is that the rights and interests of the disadvantaged party in unmarried cohabitation is not effectively protected. Therefore, it is particularly necessary to research on the legal issues of unmarried cohabitation , this article does some deeply research on unmarried cohabitation in this context . This article consists of four parts:The first part is mainly the basic theory of unmarried cohabitation. The first is the definition of unmarried cohabitation, on the basis of analyzing Concepts by some scholars of unmarried cohabitation ,the author has defined the unmarried cohabitation. Then the author investigated the history of the development of unmarried cohabitation and predicted the trends.The second part is the investigation and study on the unmarried cohabitation legislation of some foreign countries, including the United States, Britain, Australia, Germany, France and other countries. The advanced experience of foreign legislation may give us a positive reference, the inadequacy of foreign legislation may also provide us a lesson.The third part is the analysis of necessity and feasibility in legal Protection of unmarried cohabitation, laid the realistic basis and theoretical basis.The fourth part includes legislative history of unmarried cohabitation, and legislative proposals in china. The author proposed that we should formulate relevant laws to protect civil partnership , chose the registration system which is different from marriage as the main legislative model, chose the no registration system which is different from marriage as a supplement, construct a legal system of civil partnership, including the beginning , termination and specific legal effect .

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