老年非婚同居的财产性权益保护研究

Research on the Protection of Property Rights in Elderly Unmarried Cohabitation

社会的变革与权利意识的觉醒让老年人成为非婚同居的重要群体,而法律上的身份关系否认,使相关的财产性权益无法得到更为精细明确的保护。我国立法规定非婚同居期间财产按照一般共同共有处分,值得商榷:非婚同居者同居前的财产归属不明晰、非婚同居者同居期间的共同财产归属混沌、关于财产的继承和赡养等问题仍旧模糊。我国法律通过承认非婚同居,认可老年同居者订立的同居协议,认定同居财产性质以约定财产制为主,剩余财产共同所有制为辅,适度进行法律干预,或可达成保护老年同居者财产权益的目的。

The social transformation and the awakening of the consciousness of rights let the elderly become an important group of non-marital cohabitation.Unmarried cohabitation as a free lifestyle choice,due to the denial of legal status,related property rights are also reduced.China’s legislation stipulates that property during non-marital cohabitation is generally disposed of jointly,which is still worth discussing.The attribution of property before cohabitation is not clear,the attribution of common property during cohabitation is not clear,and the inheritance of property and support are still not clear.Through the recognition of non-marital cohabitation,the recognition of the elderly cohabitation agreement concluded,the property nature of cohabitation is mainly agreed property system,the residual property joint ownership is complementary.Then a moderate legal intervention,may achieve the purpose of protecting the property rights and interests of the elderly cohabitation.