事實婚에 관한 약간의 비판적 고찰

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.