Journal of Civil Law Studies


Yuan Fang


While putting emphasis on the legalization of unions between same-sex individuals, the present paper has to address heterosexual unions as they are the norm in China. The evolution of matrimonial law is explored following a chronological order, without omitting the longstanding existence of cohabitation in Chinese history, the evolution of the social status of women, as well as the legal issues related to the idea of marriage in its current definition. The situation of same-sex couples is then studied, with a focus on its social recognition throughout history, as well as on the present situation, and on the legal expectations it generates. Moving from the connections between traditional custom and the legalization of unions, the paper tentatively concludes on a forthcoming legal consideration of homosexuality.

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