婚姻中 財産分割制度

Abstract

The present Korean Civil Law does not permit matrimonial property system to split the property during marriage. These issues were discussed on Reform Committee of Korean Parliament. By French Civil Code, where through the disorder of the affairs, misadministration or misconduct of one spouse, it appears that the upholding of the community imperils the interest of the other spouse, the latter may sue in court for separation of property, but any voluntary separation is void. By German Civil Code, if the spouses have lived apart for at least three years, either from them may institute proceedings for premature equalisation of the accrued gains and in other cases premature equalisation of accrued gains are possible. Those are first, a spouse may institute proceedings for premature equalisation of accrued gains if the other spouse for a long period culpably failed to discharge his financial duties which arise from the marital relationship and it is to be assumed that he will not discharge them in future either, second a spouse may institute proceedings for premature equalisation of accrued gains if the other spouse has entered into a legal transaction without the necessary approval or has reduced his assets and a substantial endangerment of the future equalisation claim is to be feared, and third a spouse may institute proceedings for premature equalisation of accrued gains if the other spouse persistently refuses without adequate reason to inform him of the inventory of his assets. Under Korean Civil Law similar with German Civil Code, premature equalisations of accrued gains demand our serous consideration, when spouses are living apart and if the other spouse for a long period culpably failed to discharge his financial duties which arise from the marital relationship and it is to be assumed that he will not discharge them in future either.