한국과 중국의 혼인법상 부부재산제도에 대한 비교연구

초록

This paper performs a comparative study on the Korean and Chinese matrimonial property law, especially on the division of matrimonial property, and seeks ideal and appropriate matrimonial property system for respective country. In the field of matrimonial property system, Korea adopts 'Separate property system', which provides that the property acquired by either spouse in the name of husband or wife during marriage is his or her separate provides that leave almost no room of argument for property division on divorce. However, China issued two marriage laws after foundation of new China. Among them, the new one recently revised provides a kind of new matrimonial property system, which not only upholds the traditional principals and guiding ideology but also introduces the reasonable elements of capitalistic family law simultaneously. This paper consists of following contents. It raises the comparative study on the criteria of property division on divorce. It consists of property division objects, property division principals and property division proportion. Chinese marriage law provides the principals of property division, the most important rule is to protect the legal right of women and to give special consideration to interest of the party who has no fault on divorce. Korean family law also provides the same provisions concerning the problems and there are many legal precedents for reference in Korean judicial practice.

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