事實婚에 관한 약간의 비판적 고찰A Critical Study on the De-Facto Marriage
- Other Titles
- A Critical Study on the De-Facto Marriage
- Authors
- 지원림
- Issue Date
- 2008
- Publisher
- 한국가족법학회
- Keywords
- de-facto marriage; theory of quasi-marriage; bigamous de-facto marriage; division of matrimonial property; inheritance; 사실혼; 준혼이론; 중혼적 사실혼; 재산분할; 상속
- Citation
- 가족법연구, v.22, no.3, pp.461 - 494
- Indexed
- KCI
- Journal Title
- 가족법연구
- Volume
- 22
- Number
- 3
- Start Page
- 461
- End Page
- 494
- URI
- https://scholar.korea.ac.kr/handle/2021.sw.korea/124629
- ISSN
- 1225-1224
- Abstract
- The aim of this paper is to survey the legal aspect of the de-facto marriage. Korean judicial precedents treat the de-facto marriage as a quasi-marriage. But the theory of quasi-marriage can not resolve the legal dispute of the de-facto marriage properly, because there are diverse patterns of the de-facto marriage and of the legal dispute arising from the de-facto marriage. Especially the voluntary de-facto marriage has a unique character.
Particularly many serious problems arise at the time of the dissolution of the de-facto marriage. Is the claim for the division of matrimonial property granted to the de-facto spouse in case of divorce? Is the right of inheritance granted to the de-facto spouse in case of the death of the other spouse? How about in case of the bigamous de-facto marriage? According to my study the liquidation of the de-facto marriage should be executed in accordance with the principle of the property law.
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