Chapter 334 Content of the Agreement
In the context of distrust of marriage, few people trust cohabitation agreements.
Before Huang Yixi could speak, Kang Mingyang had already stepped forward to explain dutifully, "Although we don't have clear legal provisions for this kind of agreement. However, it is a very popular special model abroad, where cohabitation agreements are different from marriage, but some of the rights guaranteed are similar to marriage. ”
This knowledge was popularized to him by Shang Luoyu.
As early as a few days before Shang Luoyu's proposal, he dutifully instilled this knowledge in Kang Mingyang.
So Kang Mingyang explained very dutifully.
On December 6, 2004, the Government of the Kingdom of the People's Republic of China issued a "warning" to non-marital cohabitants across the country, urging them to sign a "cohabitation agreement" in order to avoid unnecessary disputes over real estate and property after the breakup. The agreement can be drafted by both parties themselves or downloaded from a government-designated website. The agreement will clearly stipulate that once the cohabitation relationship is terminated, the ownership of the house and property will be vested.
When it comes to marriage, people abroad actually attach more importance than those in China, because for them, marriage has not only legal rights and obligations, but also spiritual constraints.
Due to the far-reaching influence of Christianity in the United States, the word "marriage" has a religious connotation. Most people in the United States have a natural attitude towards premarital sex, but marriage is sacred, and it is promised by oath before God.
The "punishment" of the law for divorce in the United States is not light, and in the soap opera "Two and a Half Men", there is a male protagonist who has been paying alimony to his ex-wife after the divorce, and he is so poor that he can only live with his son and brother.
It is precisely because of the high sensitivity of the word "marriage" that in order to resolve disputes, in response to the phenomenon of unmarried cohabitation, the United States people have also invented the corresponding legal term: civilunion, that is, "civil union", which is usually equal to or close to marriage in terms of rights, but avoids the word "marriage".
Many states and businesses in the country also recognize the term "DomesticPartnership", or "common-law partnership". As long as a common-law partner signs that they are living together on a permanent basis, regardless of gender, they may be entitled to benefits such as health insurance provided by their employer.
In addition to the United States, in Gaul, it is a very common and legal model of forming a family, and the Gallic State has implemented civil agreements on close relations since the end of 1999, which has become an option for lovers to form a family in legal relationships.
After the 2005 reforms, civil partnerships have a number of legal rights and obligations similar to those of marriage, including tax relief for joint partners, tax exemptions for inheritance of partner property, and the partner's access to each other's insurance and the payment of the partner's debts.
In 2010, 249,000 couples were registered in marriage and 195,000 couples were registered in civil partnerships.
In fact, in Gaul, this kind of civil relationship was already popular in the official state of Gaul, much earlier in the official legislation, and in 1920 Sartre and Beauvoir began to sign such an agreement, beginning their 51-year agreement to live together without marrying.
According to a survey published by the National Institute of Statistics and Economics on 8 February 2011, an increasing number of people belonging to higher social classes and higher education are choosing to register for "cohabitation agreements", with 26 per cent of cohabiting partners being public officials or middle and senior managers of enterprises.
As of 1 January 2010, more than 1 million people had signed civil agreements on close relations (PACS), commonly known as "cohabitation agreements", in Gaul. Hollande, president of Gaul, was the unmarried president who signed a cohabitation agreement.
Oh, I see, everyone nodded.
After listening to Kang Mingyang's words, it is better to read a book for ten years.
Huang Yixi sighed, if this kid is doing pyramid schemes, he must be at the godfather level.
"And what about their children?"
The studious Huang Yiming took the lead in asking, "In our country, children born out of wedlock are children born out of wedlock." ”
This is a bit of a mouthful, in fact, who doesn't know, it's an illegitimate child.
Kang Mingyang hurriedly popularized science, "They have promulgated very perfect laws, as early as the 70s of the last century, when the cohabitation agreement was not formally legislated, their laws have stipulated that legitimate and illegitimate children have exactly the same legal status, in fact, this is also stipulated in our country. ”
Non-marital cohabitants in Gaul often organized families and had children in the same way as married couples. The Gallic government treated these children out of wedlock the same as those born in wedlock.
In the context of a declining fertility rate, in order to encourage childbearing, the Gallic State received the same family allowance at the level of social welfare, regardless of whether it was born in or out of wedlock, and the more children born, the more subsidies were given.
With regard to the inheritance of property, the Civil Code of Gaul has since 2001 provided for the full equality of rights for legitimate and illegitimate children. Moreover, the law on property inheritance in Gaul states states that children are the first to inherit, and their rights are higher than those of spouses, so what is discrimination against children born out of wedlock, people do not have this problem at all.
"How is this possible?" You must know that in China, parents, spouses, and children are listed as the first heirs, and the ranking share is not divided into the previous ones.
According to this statement, as long as there is a cohabitation agreement, those who are married or not are all floating clouds.
"It's true. ”
Shang Luoyu, who has recovered from the blow of a failed marriage proposal, also began to explain that before the Gallic State adopted the "Mutual Civil Assistance Convention" (PACS) in 1999, the laws of Gallic State had already protected the mutual assistance and mutual benefits of non-marital cohabitants in terms of medical insurance, death insurance, and housing security.
After its adoption, non-marital cohabitation henceforth has the legal status of "quasi-marriage".
Cohabitants can register and receive a certificate from the local municipality in order to enjoy the protection of the relevant laws.
"What about the child's study?" Huang Yilei attaches great importance to this issue, and Huang Yishan is the same, they all plan to let their children come to Baishui Prefecture to receive education from an early age, but due to the household registration regulations, they can only find another way.
You must know that in China, the price of school district housing can be much higher than that of non-school district housing, and in some places it is even several times to ten times higher.
The importance of household registration is self-evident.
Many schools have regulations that require two or even three years for students to be eligible to enter the school after two or even three years.
You must know that in the current situation in China, the importance of household registration has become less and less, and few people have thought about the other roles of household registration except for children's education.
Kang Mingyang smiled, "In terms of school enrollment, sickness insurance, etc., since there is no household registration system in Gaul, there is no difference between children out of wedlock and other children. Since there is no marital relationship, the surname of a child out of wedlock can be decided by the parents themselves, and the report to the authorities is sufficient. ”
In fact, not only Gaul, but also a Western coalition organization adopted a convention on children born out of wedlock in 1975, which stipulates that member states must take measures to amend the relevant laws to recognize the rights of children born out of wedlock, so that children born out of wedlock enjoy exactly the same rights and status as children born out of wedlock.