현행 가족법의 혈연적 특색 <Ⅰ> –일부 대학생의 혈연의식을 참고로 하여–

Abstract

This article is written to show that Korean Family Law has a deep characteristic concerned with the blood relationship. Generally speaking a family law has its own characteristics, for example, the conclusion of the status contract-marriage or adoption-, the specific status interest relationship-spouse's property, successor's portion or relative status settlement itself. Among these factors the blood relationship cannot be correctly construed and applied without understanding blood or lineage itself. Blood, lineage or kin is not a artificially built-up product as a cooperation but a natural necessary result. And its near or distant degrees is counted only according to the cut-generation and its duplication. Korean Family Law has been amended many times in these 20 years. And in each amendment some of blood concerned factors were shortened or cut down except specific cases ; a scope of relative, a person in parental authority, successors of property. The till -remaining exceptional factors are largely concerned with blood relationship. And these exceptional factors or cases are very important not only for the relative relationship but also family life, Therefore the Korean Family Law should be realized according to its viewpoint of blood. In such a meaning the Korean Family Law is more distinctive than any other family laws. The legal consciousness of blood relationship is almost alike to the rules of the present family law and its characteristics of blood. The main items are as followings ; Ⅰ. Introductory Comment Ⅱ. The Problem of Blood in Each Amendment Ⅲ. The Blood Characteristics of Family Law Affairs Ⅳ. Conclusion