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Matrimonial Property System of Past, Present and Future in Korea: Focused on the Role of Tradition and Culture in Family Law Reform

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Authors
Lee, Whasook
Issue Date
2008
Publisher
BK 21 law
Citation
Journal of Korean Law, Vol.8 No.1, pp. 95-113
Keywords
confucianismpatriarchal systemfeminist movementmatrimonial property systemseparate propertyhomemaker’s contributionclaim for division of property at the time of divorceentitled spouserestriction of disposition rightunconstitutionalright of revocation
Abstract
This paper is to introduce the matrimonial property system of past, present and future in view of the role of tradition and culture in family law reform and matrimonial property system. The separate property rule which is a statutory marital system looks impartial and reasonable between married couples at a glance; however, it has serious problems. Since the system belongs to a pure separation of property system, related provisions and Supreme Court’s decision do not consider the joint property during marriage different from the so-called deferred community which most of the other countries of separation of property adapted. As a result, a spouse who has the title of property can dispose his/her property without the other party’s consent even though it was acquired with help of the other spouse by homemaking. The reasons are related to the patriarchal tradition and culture in the society. This paper examines historical review of family law reform and discusses the problems of the separate property system and causes of the problems to find out the role of tradition and culture in family reform including matrimonial property system. Reform bill of separate property related systems will be introduced as a future aspect.
ISSN
1598-1681
Language
English
URI
http://hdl.handle.net/10371/85143
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College of Law/Law School (법과대학/대학원)The Law Research Institute (법학연구소) Journal of Korean LawJournal of Korean Law Volume 08 Number 1/2 (2008)
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