Earticle

초록

영어

The government put a partial amendment proposal of the Civil Code before the 268th extraordinary session of the National Assembly in August 8, 2007. This amendment proposal of the Civil Code is establish the four property system of married couple by law.
The 1st Act, The one side prohibits to dispose the Matrimonial Home without the assent of the life partner.
The 2nd Act, The couple makes the privilege to divide a property have among the marriage.
The 3rd, The case which the divide the couple does a property due to the divorce, To divide the property so that they are identical is the principle.
The 4th, A couple one side to preserve own privilege give the privilege which the cancel can do the deed of the life partner.
The amendment proposal 4 is establish newly to the property system of married couple by law can do to a couple property contract. The writer evaluates this to the realization of a couple equality. And good bill. However, We can not expect but the legislation of National Assembly. It is difficult to.
And then, To the legislate, This thesis hope that find the adequate ground for the legislation which the compares with other countries system. This paper studied couple property system of Germany and France civil law which the bill receives.

목차

Ⅰ. 서론
  1. 문제의 소재
  2. 부부재산제
 Ⅱ. 민법개정법률안15)의 검토
  1. 부부법정재산제의 확대필요성의 검토
  2. 주거용 건물 등에 대한 부부 일방의 처분 제한(안 제831조의2 신설) 검토
  3. 혼인 중의 재산분할청구권(제831조의3 신설) 검토
  4. 재산균등분할의 원칙(제839조의2 제2항 후단 신설)검토
  5. 재산분할청구권 보전을 위한 사해행위취소권(안 제839조의3)의 검토
 Ⅲ. 결론
 참고문헌
 

키워드

저자

• 노종천 [ Law, Jong-Chun | 한국외국어대학교 법과대학 강사, 법학박사 ]

참고문헌

발행기관

간행물

표지보기 관심저널 등록

• 간행물명

  원광법학 [Journal of Law research]

• 간기

  계간

• pISSN

  1598-429X

• eISSN

  2508-4526

• 수록기간

  1962~2025

• 등재여부

  KCI 등재

• 십진분류

  KDC 360 DDC 340