독일의 이혼법에 관한 연구

• 영문명: A study on the German Divorce Law Reform
• 발행기관: 한국사법학회(구 한국비교사법학회)
• 저자명: 한복룡(Bok-Ryong Han) 김진현(Jin-Hyun Kim)
• 간행물 정보: 『비교사법』比較私法 제14권 제3호(상), 747~783쪽, 전체 37쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2007.09.29

영문 초록

  The German(West German) Government reformed the Family Law (Familienrecht). in 1976, which was implemented in 1977. Specially the divorce part of German Civil Code repealed the existing system, so called the traditional fault based divorce system. And the traditional fault system was replaced by no-fault divorce system which rely on the sole ground of divorce, the irreparable breakdown of marriage.
  This new divorce law did not lay emphasis on preconceived fact situations which obtained in a marriage. And then the new law does not list any specific grounds on the spouse’ bad or good behaviour. It lays down only in the situation that a marriage may be dissolved when it has irreparably broken down. The new law made the Statutory Presumptions of Marital Breakdown -which is sufficient that the spouses live apart- and the so-called “hardship clause” like France and England. At once the German Government made the new legal consequence of divorce, for example, the spouse’s maintenance obligation after divorce and the adjustment of pension rights.
  The Germany’s new divorce law have experienced three decades. The German Divorce Law have been managed unlike France and England’s Divorce Law. This paper studies what the new divorce law is, how the new law has been managed and what are the differences among German, French and English divorce law. These help us study our divorce law and will have suggestive and significant influence in amending the Korean divorce law.

목차

Ⅰ. 序論
Ⅱ. 독일이혼법의 역사
Ⅲ. 1976년 개정법상의 파탄주의 이혼원인
Ⅳ. 이혼의 경제적 효과
Ⅴ. 結論
【참고문헌】
[Abstract]

키워드

독일이혼 파탄주의 가혹조항 이혼 후 부양 연금청산 The Fault System Irreparable Breakdown of Marriage Maintenance Obligation after Divorce German Divorce Law The Adjustment of Pension Rights