사실혼의 요건에 관한 小考

• 영문명: A Study on Requirement of “De-Facto Relationship”
• 발행기관: 한국가족법학회
• 저자명: 김영신(Kim, Young-Shin)
• 간행물 정보: 『가족법연구』家族法硏究 第26卷 3號, 331~364쪽, 전체 34쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2012.11.30

영문 초록

This study aims to probe the legal aspect of the De-Facto Relationship. As everyone knows, Korean jurisprudence consider the De-Facto Relationship as a quasi-marriage. So-called “quasi-marriage theory”, however, has been a target of criticism nowadays. First of all, there are diverse patterns of the De-Facto Relationship, but “quasi-marriage theory” cannot grasp the legal problem of the De-Facto Relationship wholly. Finally, according to “quasi-marriage theory”, a scope of De-Facto Relationship is limited too much. Futhermore, judicial precedent cannot apprehend the requirement of De-Facto Relationship logically. For instance, Korean Supreme Court―as well as majority of literature― identify subjective requirement of the De-Facto Marriage with the agreement of the legal marriage. But it is not logical, nevertheless proper. Finally agreement of marriage as subjective requirement of the De-Facto Relationship should be considered as a intention to form a substance similar to marriage. A bigamous relationship is relevant to De-Facto Relationship as well. It is, however, possible to regulate a bigamy through general principle(such as good faith, public order etc.), and is suitable to answer a concrete situation.

목차

Ⅰ. 문제의 제기

Ⅱ. 사실혼과 법률혼의 峻別

Ⅲ. 사실혼의 요건에 관한 판례

Ⅳ. 판례의 태도에 관한 평가

Ⅴ. 글을 마치며

《참고문헌》

키워드

사실혼 준혼이론 혼인의사 혼인의 실체 중혼관계 일반규정 De-Facto Marriage quasi-marriage theory agreement on marriage substance of marriage bigamous relationship general principle