夫婦財産約定登記에 關한 考察

Examination of Matrimonial Property Agreement Registration

The property registry by agreement between the couple, which is one of the means to determine property between a couple in Korean civil law, has not been actively considered yet although it can work as a very effective system according to its management. One of the reasons is that how to announce publicly has not been properly established. As the agreement on the property of the couple has opposing power when it is registered, the registry for public announcement is very important, but it is insignificantly considered as a secondary procedure of the property agreement. So it is suggested that it should have a legislative and institutional measure. When the couple property agreement system is considered in terms of the law of contract, the agreement has the same effect as a real estate contract, and the agreement registry should be managed independently though it has an inseparable relation with the property agreement system. And the property registry uses or follows the theory and laws of the real estate law, but as the real estate registry is different from the property agreement registry in its subject, object, jurisdiction and effect, the property agreement registry should be approached differently from the property agreement. Therefore, this study aims to examine the current system on the couple property agreement registry and develop effective measures including the legislative theory to establish it as an independent system instead of a secondary system of the property agreement system.