事實婚과 婚外同居에 關한 一考: 재산상 보호를 중심으로

A Study on the Common Law Marriage and the Cohabitation without Marriage

The purpose of this article is to analyze the Korea legal system on the common law marriage and the cohabitation without marriage. Cohabitation without Marriage is the mutual assumption of those marital right, duties and obligation which are usually manifested by married people, including but not necessarily dependent on sexual relation. Common Law Marriage is one not solemnized in the ordinary way but created by an agreement to marry, followed by cohabitation. Such marriage requires a positive mutual agreement, permanent and exclusive of all others, to enter into a marriage relationship of man and wife, and an assumption of marital duties and obligation. Cohabitation without Marriage is one of pluralized family form, that is on the increase. Cohabitation without Marriage must be legal authorization at the least way in the right own property.