민법 親族․相續編과 家事訴訟法의 交錯

• 영문명: The Complication of Civil Act and Family Litigation Act of Korea
• 발행기관: 한국가족법학회
• 저자명: 金演(Kim, Yeon)
• 간행물 정보: 『가족법연구』家族法硏究 第23卷 1號, 107~132쪽, 전체 26쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2009.03.30

영문 초록

Systematically speaking, the Part IV Relatives and the Part V Inheritance of the Civil Act of Korea, which is generally called as Family Law, are both very close relationship with the Family Litigation Act(FLA) as a substantive law and a procedures law ruling same field. From this reason, the FLA has many provisions following the Civil Act which have entered into force much earlier than itself, in spite of some exceptions. Several amendments of FLA after the enactment has made clearer relation between two Acts. But the exceptions still exist and those make some problems when applying provisions of those Acts to a real case. This essay has a purpose to urge the authorities to solve these inharmony. The body of this essay has three parts: First part is to indicate a problem that some provisions of FLA is filling up deficiency of the Family Law, which is estimated undesirable, for example, in the case of appointment of a special agent on the occasion of conflict of interest between a guardian and his ward, division of properties after the revocation of marriage, and appointment of a guardian for the child after nullity of marriage. Second part is to solve conflicts between two Acts, for example, in the process of decision of a guardian after the termination of a marriage and recognition of a child by the trial. Third and the last part is differences of interpretation, for example, on nature of the litigation confirming nullity of a marriage, on objects of conciliation, and on jurisdiction of inheritance.

목차

Ⅰ. 들어가며

Ⅱ. 가족법과 가사소송법의 관련성

Ⅲ. 민법과 가사소송법의 부조화

Ⅳ. 동일문제에 관한 해석론의 괴리

Ⅴ. 결어

참고문헌

초록

키워드

민법 가족법 가사소송법 피후견인을 위한 특별대리인 혼인취소와 재산분할 인지청구의 소 인지에 대한 이의의 소 부양 혼인무효의 소 가사조정 상속의 관할법원 Civil Act Family Law Family Litigation Act a special agent for a ward division of property after the revocation of marriage an action demanding affiliation an action of demurrer against affiliation supports among relatives a litigation over nullity of a marriage family conciliation a jurisdiction of inheritance