夫婦財産約定制度의 利用實態와 改善方案

With effect of marriage to between the person concerned the identity / property effects occur. Couple property system property relationship between of the couple under discipline from the personal body back which becomes independent with system property relationship of the joint chain couple equally rationally, under using boil the goal is. The current civil law ‘couple property promise’(§829) with ‘legal property system’(§830) with is providing a couple property system dual. The couple property promise system before the marriage person concerned gets married, as contract freely is to decide the relationship of property from here. Our society is aiming the equality of sexes which is substantial. But from marital relationship is in order for the tendency which to operate strongly individualistic the property dispute not only case of divorce even while getting married frequently, occurs. Will prevent the discord and a dispute of the couple between and the family between in advance and that consequently limit positively does about property of the couple between, will be able to minimize the couple property promise system according to the use the unit only function will be the possibility of doing with the system which is effective. Currently the couple property promise system the application degree is very the actual condition which is insufficient the sample from, investigates a current couple property promise system summarily, the use actual condition and about him after trying to observe a problem point, about couple property promise system the reporter to present the improvement program which includes a legislation does.