등기례에 나타난 부부재산계약의 내용

• 영문명: Contents of The Ante-nuptial Agreement that is registered
• 발행기관: 한국가족법학회
• 저자명: 전혜정(HyeJung Jeon)
• 간행물 정보: 『가족법연구』家族法硏究 第20卷 1號, 249~289쪽, 전체 41쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2006.03.01

영문 초록

  The matrimonial regime is a system of principles and rules governing the ownership and management of a married person’s property. The matrimonial regime may be either legal or contractual. In order to protect the interests of marital parties’, it is needed to establish the special law of property regulating matrimonial property.
  The ante-nuptial agreement, with other party’s consent, shall be registered at Korean Public Register in order to protect the interests of marital parties’. The Korean Civil Code does not provide specific registered matters for the ante-nuptial agreement registration. No couples had registered their ante-nuptial agreement for long time in Korea. The public had no chance to know the contents of Korean ante-nuptial agreement. At last, one couple registered their ante-nuptial agreement at Korean Public Register in 2001. After that instance, several couples registered their antenuptial agreement and it become popular among newly-married couple in Korea. According to my research, contents of registered ante-nuptial agreement was poorly advised and legally void in some cases.
  I did case-study of already registered Korean ante-nuptial agreements. I found some of them were legally void and many of registered Korean ante-nuptial agreements have provisions not relevant to matrimonial property division. Recommendable models of Korean matrimonial agreements under the current Korean Civil Code were explored. I concluded this thesis and suggested the revision of Civil Code provision for ante-nuptial agreements.

목차

Ⅰ. 들어가며
Ⅱ. 계약내용의 자유와 제한
Ⅲ. 등기례를 통한 실증적 분석
Ⅳ. 부부재산계약제도의 문제점과 개선책
Ⅴ. 마치며
《참고문헌》
영어 초록
【별첨】인천 남동등기소 제1호 등기(2001년 5월 21일 등기)

키워드

부부재산제 법정재산제 부부재산계약 부부재산계약등기 The matrimonial regime Legal matrimonial regime ante-nuptial agreement ante-nuptial agreement register