민법상의 친족 및 가족에 대한 입법론적 고찰 ―친족법에서 가족법으로의 전환을 위한 입법론을 중심으로 ―

Abstract

This thesis is a study about the revision of family, that is, the revision of The Civil Code Article 779. By the new concept of family, the family part of The Civil Code can be changed over from the relative law to the family law. I proposed the revision of The Civil Code Article 779(boundary of family) that have a new concept of family. In the boundary of family of The Civil Code Article 779, it is a family that included in boundary of family naturally, that included in boundary of family with the wishes of persons concerned, that included in boundary of family only when they are living together. The Civil Code Article 779(boundary of family) ① spouse, lineal ascendants parents, lineal descendants children, brothers and sisters, lineal ascendants parents of spouse, spouse of lineal descendants children. it is a family that included in boundary of family naturally. ② lineal descendants children of spouse, spouse of lineal ascendants parents, lineal descendants children of spouse of lineal ascendants parents, spouse of lineal descendants children of spouse, spouse of lineal ascendants parents of spouse. it is a family that included in boundary of family with the wishes of persons concerned ③ brothers and sisters of spouse, lineal descendants children of brothers and sisters, lineal descendants children of brothers and sisters of spouse. it is a family that included in boundary of family only when they are living together. In recent years, a concept of family is changed, a form of family diversify gradually. We can’t disregard a concept of relative, but a concept of relative become weak gradually and a concept of family become a important concept gradually. And in accordance with diversification of family, it is difficult that a concept of relative which based on the principle of blood relative become a active concept in family law. Therefore, the discussion about a concept of family provide a momentum which can be changed over from the relative law to the family law.