판례에 나타난 부부재산 분할제도의 운용실태 분석

Actual analysis of the couple property system emerged in a precedent

The civil law establishes a property distribution right of claim rule as result of the divorce and recognizes the division for the acquest which is a marriage. The division requested the property which is acquired in the cooperation that was a marriage at time of the divorce while doing civil law revision in 1990 from the property distribution right of claim rule and was going to supplement the problems of the separate property system by this rule. However, because concrete content about the property distribution is uncertain as abstract funeral condolences about the property distribution right of claim; a division standard and a division ratio, division methods is uncertain. And so it cannot be a rational property distribution. The article of the book grasps the actual situation of the use of the existing couple property distribution system through the precedent analysis of the House of each law about two property division request cases of civil law Article 839 to improve property cantonalism at time of the divorce. The precedents mentioned this article analyzed 127 divorces and property distribution and a precedent concerned with through precedent reading of the House of law library.