死亡에 의한 事實婚의 解消와 財産分割의 類推

• 영문명: Analogy of the Division of Matrimonial Property at the Termination of de facto Marriage by Death
• 발행기관: 한국가족법학회
• 저자명: 박인환(Inhwan Park)
• 간행물 정보: 『가족법연구』家族法硏究 第21卷 3號, 161~206쪽, 전체 46쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2007.11.30

영문 초록

  On march 24, 2006 The Korea supreme court declared that the surviving spouse of de facto marriage could not have the right of division of the matrimonial property, when the other spouse is dead, since the surviving spouse of legal marriage has no such the right after the other spouse’s death. According to this decision, the surviving spouse of de facto marriage meets with difficulty after the death of the other spouse, because she(he) could not claim a right to inherited property. This is very unfair taking into consideration that the spouse of de facto marriage has the right of division of the matrimonial property at the divorce of de facto marriage during the other spouse being. But according to my study and survey on the Japanese cases and theories, the surviving spouse of de facto marriage should have the right of division of the matrimonial property, not only the occasion of the divorce during the other spouse being also the occasion of the spouse dead, in spite of the criticism that such conclusion be contrary of system of Korean Civil Law.

목차

Ⅰ. 서론
Ⅱ. 우리 민법상 부부재산관계의 청산구조
Ⅲ. 우리나라의 학설
Ⅳ. 일본의 판례와 학설
Ⅴ. 찬반양론의 논거에 대한 검토
Ⅵ. 입법론적 대안에 대하여
Ⅶ. 결론
《참고문헌》
영문초록

키워드

사실혼 배우자 생존 사실혼 배우자의 재산분할청구권 재산분할청구권 배우자 상속권 부부재산제 spouse of de facto marriage the right of division of the matrimonial property by surviving spouse of de facto marriage the right of division of the matrimonial property the inheritance of the spouse Matrimonial Property System