실종선고취소의 효과에 관한 소고

• 영문명: A Study on the Cancellation of Adjudication of Disappearance
• 발행기관: 원광대학교 법학연구소
• 저자명: 고형석(Ko, Hyoung-Suk)
• 간행물 정보: 『원광법학』제24권 제4호, 223~244쪽, 전체 21쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2008.12.30

영문 초록

It is the Adjudication of Disappearance that considers a person died under regular conditions in spite of no proof. In case of cancelling Adjudication of Disappearance, the effect is come into force retroactively. If a spouse married again, the effect of remarriage is a issue. If the two parties were good faith, pre-marriage isn't revived and post-marriage is valid as it stands. But, if one of parties or two parties knew that an absconder was alive, post-marriage is valid even though the cancellation of adjudication of disappearance and pre-marriage is revived. Therefore, the bigamy is occurred as the theory of cancellation claims. These result is discordant with basic principles of civil law that do not protect a person who knew and doesn't fit in survivor's intention which want diversion of previous state through cancellation of adjudication of disappearance. Also, if a survival life partner who was good faith at the time of adjudication of disappearance but knew this later remarried, it is necessary to protect this survival life partner. Therefore, it needs to establish newly regulation about this to civil law.

목차

국문초록

Ⅰ. 서 론

Ⅱ. 외국의 입법례

Ⅲ. 실종선고취소의 효과

Ⅳ. 결 론

참고문헌

Abstract

키워드

실종선고 실종선고의 취소 이중혼 혼인의 취소ㆍ무효 재판상 이혼청구권 Declaration of Disappearance Cancellation of Declaration of Disappearance Bigamy Cancellation and Invalidity of Marriage Judicial Divorce