財産分割로 인한 債務의 承繼

• 영문명: Devolution of debt on Property Distribution
• 발행기관: 한국가족법학회
• 저자명: 전경근(Gyung-Gun Jun)
• 간행물 정보: 『가족법연구』가족법연구 제18권 2호, 85~110쪽, 전체 26쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2004.09.01

영문 초록

When man get divorce from wife, they distribute their property which has owned during marriage. In such Case they distribute not only their assets but also their debts. Until now distribution of property is discussed many times, but distribution of debt is not discussed in any case. On this Paper I discuss devolution of debt in connection with distribution of property upon marriage dissolution, especially who pays the distributed debt. If man have debt for buying his house or for living expenses, such debt may be paid by man. But when man get divorce from wife, he should distribute his house. Though he cannot distribute his debt in principle. Because debtor can not transfer his debt to another unless he obtain creditor’s consent. Therefore debtor pay his debt in case of distribution upon marriage dissolution in principle. But in consideration of property distribution, debtor have more property than mate will receive. Another problem is distribution of house which they lived. In distribution of the house, the mate who brings up their children, should make use of the house. But our civil code don’t give authorization the mate for use of the house. Consider children’s welfare, the house that they lived in, should distributed to the mate who take care of their children.

목차

Ⅰ. 緖 論

Ⅱ. 消極財産의 分割에 관한 論議

Ⅲ. 消極財産의 類型에 따른 考察

Ⅳ. 消極財産이 積極財産을 超過하는 경우의 分割

Ⅴ. 債務分割에 대한 代案의 提示

Ⅵ. 結 論

참고문헌

ABSTRACT