人口構造 變化와 配偶者 相續 - 특히, 夫婦財産制와 관련하여

• 영문명: A Variation in Population Composition and a Spouse’s Inheritance
• 발행기관: 한국가족법학회
• 저자명: 崔幸植(Choi Haeng-Sik)
• 간행물 정보: 『가족법연구』家族法硏究 第21卷 1號, 57~90쪽, 전체 34쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2007.03.30

영문 초록

  The families in the world have undergone various changes in modal side, together rapidly social variation. Recently, it is widely indicated that the family in Korea have rapidly transformed to a nuclear family in particular. The average life span has lengthened on account of the Industrialization, Health Technology and the over-all elevation of the standard of living in Korea. Therefore, the aged population is rapidly increased and a family composition is transformed by the spreading of the nuclear family.
  Today, the aged support has raising the serious social problems in consequence of the penetration of aging society and the dismantlement of traditional family community. Particularly, the support and the living security in consequence of death of a living spouse are very important problems in not only social security side but also the family law and also the family policy side.
  Therefore, a marital property system and a inheritance act do a important function in these situations that the husband and wife are confronted with a support and a allotment of living expenses in cases that matrimonial relation is ruined or the inheritance is disputed when the husband and wife divorced or the death of a spouse and the general creditors or the third party are concerned with interest.
  The first in this paper, I try to studying the support of the aged population and the problems of the inheritance in exploiting the transformation and feature of population composition in Korea. And a spouse’s inheritance that the important problems for a improvement of inheritance system is related with a marital property system and a division of property. Therefore, I try to studying the support of the aged population and the problems of the inheritance in focus a relationship on devolvement of a marital property.
  the Second, I try to critically investigating the laws of foreign states and the partial revised bill of the Civil Act in 2006 in order to settle the improvement of the problems that a marital property system and a spouse’s right to inheritance are related. And the partial revised bill of the Civil Act will be accomplished following the prudential investigation of a marital property relation and a inheritance problems in order to achieve an aim of the legislation.

목차

Ⅰ. 머리말
Ⅱ. 人口構造의 變化와 老父母 扶養 및 相續
Ⅲ. 배우자상속과 부부재산제 및 재산분할과의 관계
Ⅳ. 配偶者相續制度의 問題點과 改善方案
Ⅴ. 民法 改正法律案(政府案)의 檢討 및 批判
Ⅴ. 맺음말
《참고문헌》

키워드

배우자상속권 재산분할청구권 부부재산제 인구구조 핵가족 고령사회 a spouse’s right to inheritance the claim for property division marital property system a population composition nuclear family the aged society