婚姻中 財産分割制度

• 영문명: Issues of Splitting the Property during Marriage
• 발행기관: 한국재산법학회
• 저자명: 朴賢晶(Hyun-jung, Pak)
• 간행물 정보: 『재산법연구』財産法硏究 第26券 第2號, 237~269쪽, 전체 33쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2009.10.30

영문 초록

The present Korean Civil Law does not permit matrimonial property system to split the property during marriage. These issues were discussed on Reform Committee of Korean Parliament. By French Civil Code, where through the disorder of the affairs, misadministration or misconduct of one spouse, it appears that the upholding of the community imperils the interest of the other spouse, the latter may sue in court for separation of property, but any voluntary separation is void. By German Civil Code, if the spouses have lived apart for at least three years, either from them may institute proceedings for premature equalisation of the accrued gains and in other cases premature equalisation of accrued gains are possible. Those are first, a spouse may institute proceedings for premature equalisation of accrued gains if the other spouse for a long period culpably failed to discharge his financial duties which arise from the marital relationship and it is to be assumed that he will not discharge them in future either, second a spouse may institute proceedings for premature equalisation of accrued gains if the other spouse has entered into a legal transaction without the necessary approval or has reduced his assets and a substantial endangerment of the future equalisation claim is to be feared, and third a spouse may institute proceedings for premature equalisation of accrued gains if the other spouse persistently refuses without adequate reason to inform him of the inventory of his assets. Under Korean Civil Law similar with German Civil Code, premature equalisations of accrude gains demand our serous consideration, when spouses are living apart and if the other spouse for a long period culpably failed to discharge his financial duties which arise from the marital relationship and it is to be assumed that he will not discharge them in future either.

키워드

부부재산제 법정재산제 부부재산계약 혼인중 재산분할 재산의 분리 사전적 분할 matrimonial property system matrimonial property contract splitting the property during marriage separation of property premature equalisation of accrued gains