이혼시 복권당첨금의 재산분할

• 영문명: Property Division of Lottery Contributions in Divorce: Equitable Division of Non-matrimonial Property in Divorce
• 발행기관: 한국가족법학회
• 저자명: 서종희
• 간행물 정보: 『가족법연구』第37卷 3號, 25~60쪽, 전체 36쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2023.11.30

영문 초록

The U.S. has a fair division of marital property (community property), while the U.K. has a basically equal division. In particular, the United Kingdom does not recognize the division of non-matrimonial property, but in exceptional cases, non-matrimonial property may be considered as marital property and divided, but the division is based on equity, not equal division. Thus, sharing and needs principles are considered together. Our jurisprudence generally does not consider non-matrimonial property to be subject to division, but recognizes it in special circumstances. In other words, our jurisprudence holds that special property is subject to division even if it belongs to one of the spouses, if the other party has actively cooperated in its maintenance, prevented its deterioration or contributed to its increase. While this may be a good choice for the specific justification of protecting the other spouse, it goes beyond the function of property division, and clearly our civil law is based on a separate property system, and the easy inclusion of personal property as property subject to division would undermine the separate property system. Put it in a nutshell, only in cases where the contribution to the formation of wealth is effectively wiped out, which can be assessed as significantly contrary to socially accepted equity, should non-matrimonial property be considered for division.

목차

Ⅰ. 들어가는 말

Ⅱ. 복권 당첨금에 대한 국내 하급심 판결

Ⅲ. 영국에서의 비혼인재산분할

Ⅳ. 맺음말

키워드

재산분할 별산제 공동재산제 분할의 원리 니즈의 원리 혼인재산 비혼인재산(특유재산) Property Division Separate Property System Community Property System Sharing and Principles Needs Principles Matrimonial Property Non- matrimonial Property