民法改正案 중 夫婦財産制에 관한 연구

Abstract

In November 2006, the Korean Government presented the bill for the reform of the family and inheritance law. In the bill is included a major reform of the matrimonial property system. This paper reviews this part of the bill. First, one spouse cannnot dispose of other spouse’s dwelling house without prior consent of other spouse or the court decision replacing it. The aim of this rule is to protect the other spouse’s right of residence. Second, the bill confers one spouse the right of revocation for the preservation of the claim for the division of the matrimonial property. Third, the bill introduces the division of the matrimonial property during the marriage. Fourth, the bill adopts a principle of equal division of the matrimonial property. Lastly, the bill strengthens the inheritance share of the spouse by giving one spouse the half of the estate when other estate died. To sum up, the bill contains many positive rules. But these new rules will bring new problems.