论老年人非婚同居财产问题的法律保障  

The Legal Guarantee of the Property Problems of Non-marital Cohabitation of the Elderly

作　　者：周利民[1] 周旭 ZHOU Li-min;ZHOU Xu(Hunan Normal University Faculty of law,Changsha,Hunan,410081)

机构地区：[1]湖南师范大学

出　　处：《湖南警察学院学报》2019年第6期52-58,共7页Journal of Hunan Police Academy

摘　　要：近年来,非婚同居逐渐成为老年人实现老有所伴的捷径。由于老年人的利益诉求不同于一般年轻群体,非婚同居模式在一定程度上契合其特殊需要,进而获得老年人青睐。然而,由于我国在非婚同居双方财产的定性及分配等领域法律出现了真空状态,为确保老年人合法权益,立法应当引导老人对其财产做出法律安排,并通过实施约定财产制、赋予非婚同居老年人继承权等措施,为老年人非婚同居期间双方的财产提供法律保障。In recent years,the phenomenon of non-marital cohabitation has gradually become a new shortcut for the elderly to realize the dream of old age.Because the interests of the elderly are different from those of the young people in general,the pattern of non-marital cohabitation meets their special needs to a certain extent,and they are favored by the elderly people in various countries.However,due to China’s non-marital cohabitation in the property of the qualitative and distribution of the field of law has emerged a vacuum.Therefore,in order to ensure the legitimate rights and interests of the elderly,the legislation should guide the elderly to make legal arrangements for their property,and provide legal protection for the property of both parties during the non-marital cohabitation through the implementation of the agreed property system and the granting of inheritance rights to the unmarried cohabiting elderly.This article will start from the basic characteristics of non-marital cohabitation,combining the basic characteristics of the elderly non-marital cohabitation and the current situation of popularization,the cohabitation of both parties and their children are concerned about property issues.Then,the author points out the existing regulation problems before and after cohabitation and inheritance,and then gives the relevant suggestions and reasons to add to the construction of the legal system of non-marital cohabitation property.

关 键 词：老年人 非婚同居 同居财产 法律保障 

分 类 号：D923.9[政治法律—民商法学]