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Chapter 29 Cohabitation and Contract Marriage Act

Chapter 29 Cohabitation and Contract Marriage Act

Judging from the life practice of people all over the world, it has become a new trend to make new choices outside of marriage.

Foucault said that we now have some forms of human relationships, such as marriage relationships, family relationships, etc., but how pitifully few types of human relationships we have.Judging from the life practice of people all over the world, it has become a new trend to make new choices outside of marriage.

One form of human relationship outside of marriage is cohabitation outside of marriage.In modern and subsequent societies, cohabitation has increased dramatically.In the United States, only people from the lower classes lived together in the Kinsey era, but now there are many people from all walks of life living together.According to a survey in 1990, 40%-50% of young women in the United States will have cohabitation experience by the time they are 30 years old. In 1988, 49% of them lived together.Although cohabitation has increased in the United States, it is far from reaching the level of Sweden. In Sweden, 90% of adults have cohabitation experience.99% of married people lived together before marriage.In several Nordic countries, fully half of all "spouses" are already non-marital cohabitants.In France, a survey in May 1977 showed that 5% of the 18-19 age group lived together.In the same age group, 10% of married people had cohabitation experience before marriage.The phenomenon of non-marital cohabitation continues to spread in countries all over the world.

In response to the increasing number of cohabitation relationships, many western countries have created some new countermeasures under the realistic needs and the active supervision of interest groups. In 1989, the New York State Law passed a bill allowing cohabitants to register domestic partnerships, and some cities in the United States have also recognized this relationship. A pair of cohabitants can be regarded as a husband and wife.Sweden and Denmark also recognize the relationship.The main resistance to the approval of the domestic partnership law came from anti-gay views.Because under the domestic partnership law, gay couples will enjoy the same rights as heterosexual couples except for the rights of adoption and custody of children.

At present, many western countries have established a contract marriage system.It confirms the legal joint relationship between the parties in the form of a contract.It is a form that falls between traditional marriage and non-marital cohabitation.After the establishment of this contractual marriage relationship, both parties enjoy the same rights as legal couples.

Contract marriages in France, for example, began in November 1999 and were designed to allow gay partnerships to be legally recognized.French society realizes that homosexuals should enjoy equal rights to freedom of marriage, but the traditional French marriage system cannot guarantee this right.Therefore, the French government devised a compromise method, creating contract marriage, a form between marriage and cohabitation, which legally guarantees the rights of both parties in contract marriage to inherit property and other rights.

After the introduction of contract marriage, it was approved by 80% of the French people.From the introduction of contract marriage to 2003, the number of contracts signed each year has increased significantly by 25% to 30%.By the end of September 2004, the cumulative number of contract marriages had reached 9, an increase of 131651 times compared to the 6151 contracts signed in the first year of the implementation of contract marriages.

Unexpectedly, this form of marriage, which was originally tailored for gay couples, has been favored by the majority of heterosexuals.Statistics show that after just a few years, the proportion of heterosexual contract marriages surpassed that of same-sex contract marriages. The main reason is that in France, where the divorce rate is extremely high (the divorce rate in Paris is as high as 50%), divorce brings economic benefits to both parties. The loss and emotional damage were severe.The advantages of contract marriage are directly reflected in the freedom and simplicity of contract termination. Either party can terminate the contract marriage relationship at any time without the need for both parties to reach a consensus.

In my opinion, the demand for cohabitation and contract marriage among Chinese citizens is also quite high at the moment.There are both gay and straight couples.As the divorce rate in our country has increased year by year (from 1972% in 2 to 14% at present, the divorce rate in many big cities is above 20%, and some cities exceed 50%), divorce brings great economic losses and spiritual losses to the parties. harm, which has given rise to the demand for non-marital cohabitation and contract marriage to reduce the harm caused by divorce.In addition, due to the inability to enter into traditional marriage relationships, some citizens make friends casually, which increases the possibility of sexually transmitted diseases.Once the contractual marriage system is established, a considerable number of citizens who cannot enter into traditional marriages can be encouraged to establish and maintain long-term relationships and reduce short-term relationships, thereby reducing the possibility of sexually transmitted diseases.

Legislators have two attitudes towards non-marital cohabitation. One is to make the most of the situation and formulate laws based on the best possible outcome for the parties. For example, many western countries have established or are establishing domestic partnership laws. One approach; the other is to ruthlessly punish and attack the parties out of some kind of moral indignation, such as restoring the adultery law or outlawing cohabitation.Starting from the principle of safeguarding the best interests of the parties, our legislators should try to adopt the former standpoint, abandon the legislative thought of the moralists, and formulate our laws according to the principle of the best interests of the parties.

(End of this chapter)

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