부부재산제 개정안에 관한 연구

Abstract

A Study on the Amendment regarding Matrimonial Property System * Professor, College of Law, Ajou University. Jun, Gyung-gun* The amendments regarding matrimonial property system on present civil law was introduced. The amendments includes many issues that has been discussed for long time. I would arrange the issues and the plans that are discussed in amendments one by one. 1. The clause of matrimonial property contract is so simple that man and wife don’t conclude matrimonial property contract. Amendment of choi, sung-young prescribes matrimonial property contract by 6 clauses. 2. Legal matrimonial property system is evaluated unfavorable for wives. So husband or wife, who has property that earned during marriage, has to divide half of the property to other party when they divorce. For this, owner of the property do not dispose the property if he does not obtain the other party’s consent. Building in which family lives and the security money are the property obtains the other party’s consent for disposal. 3. Distribution of matrimonial property is allowed during marriage. This system needs for man and wife who want to distribute matrimonial property but do not want to divorce. 4. The effect of Distribution of matrimonial property is maintained in succession. So gamete’s shares in succession should be prescribed. In amendment gamete’s shares in succession is decided for half. The conclusion which we look over in amendment will become a part of civil law statute. I hope the effort for establishment of civil law should be successful.