“搭伴养老”的两个法律问题

Two Legal Problems of "Joining the Old-age Opposite Sex in Living Out One's life in Retirement"

"搭伴养老"是指单身的男女老人在未办理结婚登记手续的情况下选择非婚同居处理两性关系和养老的一种生活方式。文章针对这一现象产生的实际问题,从法律角度对"搭伴养老"当事人的人身关系和财产关系进行了探讨。文章认为,在人身关系中,当事人之间拥有类似于夫妻关系的日常家事代理权,存在法定的扶养权和扶养义务。在财产关系中,对于同居期间产生的共同财产和债务应采取合伙原理予以规制;当事人之间不存在互为法定继承人享有继承权的法律基础,但同居伴侣可以分得适当的遗产。

＂Joining the old-age opposite sex in living out one＇s life in retirement＂ means a single old-age man and a woman cohabiting out of wedlock and living out their life in retirement. The phenomenon has produced some problems such as the personal relation and the property relation between a couple of cohabitants. Having approached the two problems from the legal perspective, the arlicle holds that in the personal relation a couple of cohabitants have legal support right and obligation for each other, and that in the property relation the community property and common obligations produced in the cohabitation period should be tackled according to the partnership principle, and there is no legal basis for heirship enjoyed by reciprocal heirs at law, but cohabitors can get a proper legacy.