형제자매관계의 민법상 의의

The Significance of Sibling’s Relation in Civil Law

According to psychologists, sibling relationships are “attachment relationships.” Attachment research may help educate judges and legislators who do not realize the significance of sibling relationships. The term “attachment” can be defined as “an enduring affectional bond of substantial intensity.” The primary purpose of attachment is “providing safety and protection for the young, the old, and others who are less capable of meeting their own needs.” Research on attachment originally focused primarily on the parent-child bond, but newer studies have led to an understanding of the importance of alternative relationships to a person’s development, including sibling relationships. In fact, one commentator has suggested that the sibling relationship may be as important as the parent-child relationship. Siblings serve several important functions, including developmental opportunities to learn about cooperation and individuality, and ultimately providing a natural support network for each other. In “disorganized families,” the role that siblings play for each other is crucial. Extrinsic factors have a complex effect on the sibling relationship. When parents separate or divorce, for example, “the number of parenting figures may change while many children receive significantly less parenting. Through this process, nonparental relationships, including sibling relationships, become more important.” Thus, the sibling bonds that are already so important often become even more significant among children who have experienced stressful home situations. Sibling separation under these circumstances is often much more traumatizing than would be the case for other types of family situations. It has been suggested that terminating the sibling relationship should be given the same consideration that is given to the termination of a parent-child relationship. It is clear that the sibling relationship offers many benefits. These benefits, however, are meaningless unless siblings are allowed to establish and maintain their relationship. Legislators have to recognize the emotional, as well as the financial, importance of recognizing sibling bonds. For instance, legislators must consider sibling visitation after separation.