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2013年11月26日 星期二

4.1 Premarital cohabitation: annotation 3

  Cohabitation, becomes more and more popular recently. Many people stand against this kind of life style because of  being worry about their rights after having cohabitation. They said that when the problem of finance or estate occurs, people taking cohabitation would be helpless than people in marriages. So I found a book , which was written by Mireille Dewevre Fourcadeto, to refute these thoughts. Mireille Dewevre Fourcade was a professor of French Le Havre University, and he had done so much studies about cohabitation from Ancient Roman to Modern France. This book named "Cohabitation" talked about how to solve common problems of cohabitation and breaking many misunderstanding concepts by mentioning many set laws. And the translator of this book, hsu lien-kao, made many efforts on in the process of traslating. He said that he tried to interpret the book much more carefully by studying The Six Laws so hard and asking famous jurists.
 Some people questioned that how the two people separate their belongings without the indemnification of law if the relationship was broken. This question could be answered in page 26 of "Cohabitation", " In number 1382 terms of the Civil Law, it indicated clearly that if someone cause others' damages, this kind of fact could force this person to be responsible for compensating others' damage." It explained that if our rights were invaded in cohabitation relationship, we could use laws to protect ourselves as well. And the other people were worried about that cohabitation was not in the restriction of law so people who take cohabitation were kind of being not indecent. This nonsense could be broken in page 69, "In the total compilation of laws, only having sex consistently couldn't be admitted as cohabitation. "
 Cohabitation is just a way to live a life , not a way to run away from the control of laws or challenge the society deliberately. It is just a concept which has been misunderstood for a long time.  And we could see that many things the society used to question on could actually be solved in our set laws. So, stop fussing and take a deeper look on what you were blaming on, maybe it was just read in a wrong way.

Sources:
同居 / 德韋弗爾-富爾卡德(Mireille Dewevre-Fourcade)著; 許連高譯
臺北市 : 遠流出版 : 信報發行, 1991[民80]
初版

2 則留言:

  1. I see that you agree with premarital cohabitation, but I can't really find a subject to focus on in this article. You said "only having sex consistently couldn't be admitted as cohabitation", but I don't really think a law will change how people see those who live with their partners before married. That book you mentioned, "Cohabitation", is there any more concrete support for premarital cohabitation in it? I would love to see more about it.

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