조선전기 이혼제도의 특징

• 영문명: A Special feature of the Divorce System in the Early Joseon
• 발행기관: 원광대학교 법학연구소
• 저자명: 김은아(Kim, Eun-A)
• 간행물 정보: 『원광법학』제23권 제3호, 67~92쪽, 전체 25쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2007.12.30

영문 초록

A Divorce is the formal ending of a marriage by law and a married couple is break up in life. Therefore it is different with separation by death. At the present day in the whole world, all the nation recognize the Divorce system. Our country also recognize the Divorce system. But in the previous modern age Our country, the Divorce system is hardly any admitted. Because the marriage is decided by parents or paterfamilias. Still and all, the Divorce is formed on the definite cases. It is the expelled Divorce and the forced Divorce. The former is a divorce on the seven valid causes to wife. Accordingly paterfamilias or husband was be able to expelled from his family to wife over the transom. The latter is repudiated marital relations when husband or wife are against the right. And If the family of husband or wife´s old home was implicated to guilty of high treason, marital relations has broken at once. The former was adaptable to case by case but the latter was unadaptable. In the True Record of the Joseon Dynasty of the early Joseon society, the expelled Divorce and the forced Divorce be made use of a means for maintain to the family relations in patriarchal system and the arbitrary country rule. This Divorce system widely different with today system. And it is a conclusive factor to abridge on the women's position in Joseon society

목차

Ⅰ. 序 說

Ⅱ. 離婚의 種類와 特徵

Ⅲ. 離婚權者의 範圍

Ⅳ. 離婚의 效果

Ⅴ. 結 論

참고문헌

Abstract

키워드

축출이혼 강제이혼 칠거지악 가부장적 가족질서 the Expelled Divorce the Forced Divorce the Seven valid causes to wife the Family order in patriarchal system