프랑스법상 조부모의 방문권(droit de visite)

• 영문명: Visitation rights of grandparents for grandchildren in French law(droit de visite)
• 발행기관: 한국가족법학회
• 저자명: 곽민희(Gwak, Min-Hui)
• 간행물 정보: 『가족법연구』家族法硏究 第27卷 3號, 177~208쪽, 전체 32쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2013.11.30

영문 초록

In modern society, family structure is changing in various ways, such as family dissolution or expansion of household members. In other words, child support has been done by a more variety of individuals, such as grandparents and a third party, as the method of child support has changed due to aging society, rising social participation of women, and increasing divorce or remarriage. Nevertheless, the legal relationship between grandparents and grandchildren hardly leads to any special legal relationship, except for child support obligation and heirship. However, there are almost no civil code provisions on marriage-based nuclear family that pertain to relatives, not to mention grandparents, nor any legal regulations or suggestions on the relationship between grandparents and grandchildren. However, since family structure is changing in the modern society, as mentioned previously, family matters in the civil code need to be changed. Therefore, this study is aimed at exploring the discussion on the French law regarding visitation rights of grandparents for grandchildren. In Article 371 Section 4 of French Civil Code, visitation rights of grandparents are specified as an express provision, partly because there have been suggestions and discussion on legal regulations for visitation rights of grandparents for grandchildren for quite a while. In fact, a series of family law has been revised in large scale in French legal system since the early 20th century and that's when the visitation rights of grandparents were specified. The main purpose of this study is to review the direction of expansion and revision of visitation rights scope in Korea by exploring the relevant discussion in France until the visitation rights of grandparents were legalized. Even though Korea and France have different family valuesand family structures from each other, I believe that reviewing how a foreign law was established and developed, based on common perceptions toward changing family structure, familial relationship and affection in modern society, could be used as useful data for suggesting an universal direction on relevant legislation.

목차

Ⅰ. 序

Ⅱ. 우리 민법상 祖父母의 面接交涉權에 관한 論議

Ⅲ. 프랑스법상 訪問權(droit de visite)

Ⅳ. 우리법에의 示唆

《참고문헌》

Abstract

키워드

면접교섭권 방문권 프랑스법 가족법 자의 복리 조부모의 면접교섭권 visitation rights of grandparents for grandchildren French law droit de visite droit de la famille droits de puissance paternell des ascendants