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同居权是男女基于夫妻关系一起生活的权利,包括共同居住、进行性生活、互相扶助三项权能。同居权如果在法律上予以确立意义重大,此举首先可以保障婚姻法上忠实义务的履行,其次可以为完善婚姻损害赔偿制度提供法律上的支持,最后还可以在认定夫妻感情破裂时提供参考标准。我国在立法上始终没有确立同居权,司法实务对“同居权”的认定不统一,这导致不少受到破坏婚姻家庭行为侵害的人得不到充分的救济,而很多其它法域都在立法上确立了同居权,并建立了完备的同居权法律制度。我国建立同居权法律制度可以先界定同居权的内涵,逐步确立同居权的中止与消灭事由并规定违反同居义务的情形与法律后果。
Cohabitation is the right of men and women to live together on the basis of marital relations, including cohabitation, sexual activity and mutual assistance. If the cohabitation rights are of great significance in the law, the measure can first of all guarantee the fulfillment of the loyalty obligations under the Marriage Law, and secondly, provide legal support for the improvement of the system of damages for matrimonial damage. Finally, it can also provide a reference standard when a marital relationship is ruptured. In our country, legislation has never established the right to live together. Judicial practices do not agree on the determination of “cohabitation rights.” This leads to the fact that many people who have been victimized by acts of marriages and infants do not receive sufficient relief and many other jurisdictions are enacting legislation On the establishment of the cohabitation rights, and established a complete legal system of cohabitation. China’s establishment of the legal system of the cohabitation rights can first define the connotation of the cohabitation rights and gradually establish the circumstances and legal consequences of the suspension and elimination of the cohabitation rights and the provisions of the cohabitation obligations.