论非婚同居中财产纠纷的司法裁判逻辑

On the Judicial Adjudication Logic of Property Disputes in Non-Marital Cohabitation

摘要: 随着婚姻伦理观念的转变和家庭组建的多样化，关于非婚同居问题的立法和调整属于当前法学界研究的前沿问题，而非婚同居期间发生的财产纠纷已成为司法实践中的处理难点。当前我国在处理非婚同居中的财产纠纷时，存在着财产分割规则适用不明、个人财产和共同财产的界限模糊、共有财产划分标准不一的困境。因此，形成以共同生活时间、给付财产的用途和金额、传统风俗习惯等多元裁判因素为指引，区分婚约财产纠纷与非婚约财产纠纷裁判路径的裁判逻辑在司法实践中具有重要意义。

Abstract: With the change of the concept of marriage ethics and the diversification of family formation, the legislation and adjustment of non-marital cohabitation is the forefront of the current legal research, and the property disputes occurred during non-marital cohabitation have become the difficulty in judicial practice. At present, when dealing with property disputes in non-marital cohabitation in our country, there are some difficulties, such as unclear application of property division rules, fuzzy boundary between personal property and common property, and different standards of division of common property. Therefore, it is of great significance in judicial practice to form a judgment logic that distinguishes the judgment paths of marital property disputes from non-marital property disputes, guided by multiple judgment factors such as common living time, the use and amount of paid property, and traditional customs and habits.