판례에 나타난 부부재산 분할제도의 운용실태 분석

• 영문명: Actual analysis of the couple property system emerged in a precedent
• 발행기관: 한국가족법학회
• 저자명: 김용원(Yong Won Kim)
• 간행물 정보: 『가족법연구』家族法硏究 第23卷 2號, 127~156쪽, 전체 30쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2009.07.30

영문 초록

The civil law establishes a property distribution right of claim rule as result of the divorce and recognizes the division for the acquest which is a marriage. The division requested the property which is acquired in the cooperation that was a marriage at time of the divorce while doing civil law revision in 1990 from the property distribution right of claim rule and was going to supplement the problems of the separate property system by this rule. However, because concrete content about the property distribution is uncertain as abstract funeral condolences about the property distribution right of claim; a division standard and a division ratio, division methods is uncertain. And so it cannot be a rational property distribution. The article of the book grasps the actual situation of the use of the existing couple property distribution system through the precedent analysis of the House of each law about two property division request cases of civil law Article 839 to improve property cantonalism at time of the divorce. The precedents mentioned this article analyzed 127 divorces and property distribution and a precedent concerned with through precedent reading of the House of law library.

목차

Ⅰ. 머리말

Ⅱ. 부부별산제 하에서의 재산분할

Ⅲ. 재산분할의 운용실태

Ⅳ. 맺는말

참고문헌

초록

키워드

부부재산제 별산제 협력재산 재산분할청구권 분할기준 분할비율 분할방법 청산적 분할 부양적 분할 Couple Property System Separate property system Cooperation property A property distribution right of claim A division standard A division ratio A division method The division of the settlement The division of the support