현행 민법상 부부재산제의 문제점과 개선방안

• 영문명: The Issues and Reform Measure of Matrimonial Property System on Present Civil Law
• 발행기관: 한국가족법학회
• 저자명: 전경근(Gyung-gun Jun)
• 간행물 정보: 『가족법연구』가족법연구 제19권 1호, 177~219쪽, 전체 43쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2005.03.01

영문 초록

Matrimonial property system on present civil law was discussed in 1st subcommittee of Family Matters and Juvenile System Reform Committee. The 1st subcommittee concluded that matrimonial property system of present civil law is unfavorable for wives and it have to be improved. So 1st subcommittee and Reform Committee decide to introduce new system that is favorable of wives. 1. Matrimonial property contract is so simple that only a few husband and wife use this system. So variety substance of matrimonial property contract could be offered by social community. 2. Legal matrimonial property system is evaluated unfavorable for wives. So husband or wife who has property that earned during marriage, have to divide half of the property to another party when they divorce. For this, owner of the property do not dispose the property if he does not obtain the other party's consent. 3. In principle the object of division of matrimonial property is that they earned during marriage. But the inherent property of a party should be divided in case the other party contribute to make the property. And they should divide the property into halves. The conclusion of the reform committee will be made a law in the future. I hope this effort will make favorable result for women and they recovery their lawful right.

목차

Ⅰ. 緖論

Ⅱ. 夫婦財産制의 問題點과 改善方案

Ⅲ. 離婚時 財産分割의 問題點과 改善方案

Ⅳ. 財産分割과 관련된 그밖의 問題

Ⅴ. 結論

참고문헌

Abstract