혼인의사의 합치에 대한 재평가

Abstract

This paper examines the agreement to marry from a new perspective as follows. The intention to marry refers to the intention of effect that desires the effects that occur in legal marriage relationships, and this is a requirement for the effect of marriage. However, the agreement to marry is not made through reporting. In other words, marriage reporting is a separate requirement for the formation of legal marriage, and it is not a method of declaring intention. Therefore, the intention to report is not included in the intention to marry, and even if the intention to report is lacking, marriage is formed as long as marriage reporting is made. This is because the requirement for the formation of marriage is marriage reporting, not the intention to report. Furthermore, after the formation of marriage, the validity or invalidity of marriage depends on the presence of the intention of effect. There may be concerns about leaving the issue of unilateral marriage reporting unresolved due to the absence of the requirement for intention to report, but this is a problem that should be addressed by supplementing the procedure for marriage reporting. Under the legal marriage system, if the true intention of the parties regarding the effects of legal marriage exists and the requirement for marriage reporting is met, a valid marriage should be allowed. In addition, it is more desirable to consider legislatively recognizing juristic acts in various spectrum similar to marriage, rather than broadly allowing de facto marital relations, in order to address the issue that allowing marriage reporting without the requirement for intention to report can reduce the possibility of existence.