현행 민법상 부부재산제의 문제점과 개선방안

Abstract

Matrimonial property system on present civil law was discussed in 1st subcommittee of Family Matters and Juvenile System Reform Committee. The 1st subcommittee concluded that matrimonial property system of present civil law is unfavorable for wives and it have to be improved. So 1st subcommittee and Reform Committee decide to introduce new system that is favorable of wives. 1. Matrimonial property contract is so simple that only a few husband and wife use this system. So variety substance of matrimonial property contract could be offered by social community. 2. Legal matrimonial property system is evaluated unfavorable for wives. So husband or wife who has property that earned during marriage, have to divide half of the property to another 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. 3. In principle the object of division of matrimonial property is that they earned during marriage. But the inherent property of a party should be divided in case the other party contribute to make the property. And they should divide the property into halves. The conclusion of the reform committee will be made a law in the future. I hope this effort will make favorable result for women and they recovery their lawful right.