부부재산제의 실태와 개선방안

The Improvement Plan and the Actual Condition of Matrimonial Property

The Current Civil Act provided a matrimonial property agreement, a property by law, a claim for division of property and a contributory portion for matrimonial property. If husband and wife don't contract a matrimonial property agreement before the marriage report, the matrimonial property is a property provided by Law. Actually, the most matrimonial property is a property provided by Law. The Civil Act fundamentally provided not a common property, but a severalty property as a property by Law. The husband and wife's each property reverted to each one. Namely, the property that husband in whose name the registration was made is reverted to husband, the property that wife in whose name the registration was made is reverted to wife. The husband has a authority of a earned profit, a management and a disposition. The wife has a authority of a earned profit, a management and a disposition. However, if the husband and wife individually support oneself, the matrimonial property system is sufficient to pure severalty property, but if the wife is housewife that devoted to their housework or gain a bit profit by part time work, the property that come into possession in matrimony is attributed to the husband and the problems come from the instance without reflecting the wife's contribution. If the husband do disposition of the property that the husband have the right of ownership or if a creditor do attachment of the property that the husband have the right of ownership, the wife doesn't have a countermeasure. Finally, if a severalty property is superficially applied, a severalty property don't estimate the wife' housework and don't achieve the substantial equality in property relationship between husband and wife. Therefore, the Civil Act partially revised newly provided a claim for division of property at the time of the divorce and a contributory portion for matrimonial property at the time of the commencement of inheritance. These system are supplementary measure for settlement of the part of the matrimonial property. But the Civil Act has a attitude this system has irrational problems as ever. For example, a disposition of the property by on party of husband and wife lapsed the home economy into danger. At the time of divorce, the portion of a busting property of the other party is leaving alone without any sort guarantee partition of property. Thus these system bring about inequality of matrimony property relationship. Therefore, I will to inquire into statistics materials related matrimony property and results of consciousness survey in anything else, for grasping the reality of our matrimony property relationship and the problems of in this study. The Civil Act provide a matrimonial property agreement and matrimonial property by law for the matrimonial property. And then provide a claim for division of property and a spouse's right to inheritance at the time of divorce, but I in this study will to inquire matrimonial property relationship as central problems. I suppose the improvement plan for establishment of matrimonial property system that be commensurated with the our actual circumstance.