同居规定之检讨及对策研究

由于受传统道德观念的影响,我国法律歧视同居当事人,在人身关系和财产关系上,给予同居当事人的待遇大大低于合法婚姻当事人,这是不符合世界各国对婚姻家庭的各种结合方式给予一体保护的发展趋势的。对不以夫妻名义相称的同居,应给予同居当事人间的财产关系和婚姻配偶间的财产关系相同待遇。对以夫妻名义相称的同居即事实婚,在财产关系上应享有正式婚姻配偶的待遇;在人身关系上有条件地承认其为婚姻关系,给予和正式婚姻相同的对待,双方互相享有夫妻的权利和义务。

Review of Cohabitation Regulations and Countermeasures

Under the influence of traditional moral, the law in our country looks down upon cohabitants. The treatment given to the cohabitants is not equal to that of the married couple in personal relation and properties, which does not comply with the developing trend of the world to give the same safeguards of the couple with different ways of living together. The same treatment should be given to the married couple and cohabitants in properties. The fact marriage should be considered as real marriage on some conditions in personal relation and the same treatment should be given to them in property relation ;they should enjoy the rights and duties of the married couple.