한국과 중국의 부부재산관계법제의 비교

Abstract

Prenuptial contracts are rarely found in Korea although Korean marital property regu lations allow marriage contracts between two persons contemplating marriage. Married couples’ property is divided according to a Separate Property rule without prenuptial contracts. The Separate Property rule may lack in fully reflecting the economic value of household work by a wife. To this effect, two revised bills, submitted in September 2004, adopt a Community Property rule. It is China that shows an opposite trendfrom Community Property to Separate Pro perty. Chinese family law adopts Community Property but the most recent family law, revised in 2001, includes several features of Separate Property. This study compares property rights regarding marriage in Korea with those in China. The recent movement from Separate Property toward CommunityProperty in Korea can benefit from reviewing the oppositetrend in China. Moreover, growing inte ractions of Korea with China demand better understanding of Chinese property rights regarding marriage.