러시아가족법상 법정부부재산제의 어제와 오늘

• 영문명: The Russian legal marital property regime: the past and the present
• 발행기관: 한국가족법학회
• 저자명: 이제우(Lee, Je-Woo)
• 간행물 정보: 『가족법연구』家族法硏究 第29卷 3號, 193~220쪽, 전체 28쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2015.11.30

영문 초록

Comparative law analyses on marital property regimes, and community property in particular almost always focus on a select number of legal systems, such as those of France, Italy and certain American states. It is unfortunate that Russian family law which adopted the community property regime in 1926 is rarely, if ever, mentioned in such studies. However the fact that in Russia spouses have for almost a century enjoyed joint ownership of property acquired during marriage, should not be neglected. On the contrary, given that Russian family law takes its roots from socialist family law, which is still prevalent in many parts of the world, including former Soviet republics as well as North Korea and China, it deserves to be the subject of extensive research. In the present work the author examines the theoretical foundation and historical background of community property in Russia. Special focus is placed on identifying the rationale behind the legislation of the revolutionary lawmakers of the first half of the 20th century in Soviet Russia. No less important is the emphasis on how Russian family law influenced the marital property regime in North Korea. The present work also studies the current Russian property regime between spouses. Both doctrine and case law are explored thoroughly. Such research reveals among other things that the balance between the independence of spouses and the communal nature of marriage, is skewed in favor of the latter. Such a conclusion may have important implications for the marital property regime in Korea.

목차

Ⅰ. 들어가며

Ⅱ. 러시아가족법상 법정부부재산제의 입법연혁

Ⅲ. 현행 러시아가족법상 법정부부재산제에 관한 고찰

Ⅳ. 러시아가족법의 비교법적 의의: 북한가족법을 중심으로

Ⅴ. 우리 민법에 대한 시사점(결론에 갈음하여)

키워드

법정부부재산제 공동재산제 러시아가족법 북한가족법 공동재산 특유재산 혼인공동체성 부부의 자유 및 독립성 legal marital property regime community property Russian family law North Korean family law communal nature of marriage freedom and independence of spouses