부부재산제에 관한 연구

Abstract

The purpose of this study is to seek ideal matrimonial property system. Married couple presents itself as a unit, but the unit consists of two persons. In property matters, to what extent and in which way shall the two person treat as a unit and the separate personalities of the couple be emphasized? In separate property systems, the separate personality of the married couple is emphasized, but common life of the couple is disregarded, which is felt to be unjust in those frequent cases where the parties enter marriage without owning any property where the husband is a sole breadwinner and thus practically everything belongs to the husband when the marriage comes to an end. Under the community property system, the asset such as acquired during marriage by the gainful activity of one spouse, or the other, or both, consists of common asset of married couple and divides into equally when the marriage breaks down or one of them died. But when the management of the common fund belongs to the husband who are though efficient, to avoid confusion in transaction, husband and wife is not equal. If the management of common property belongs to the couple, it probably brings confusion in the practice of the transaction. Now, we have to know and learn their experience. Forthermore we have to make their effort ours. Matrimonial property regimes require comparative study to make up ideal of regime which emphasizes separate personality and substantial equality. When marriage lasts, husband and wife keep and control their own separate property, therefore it secures nominal equality of the married couple.