이혼법의 최근동향 -국가역할변화를 중심으로-
The Recent Development of the Divorce Law
한복룡(충남대학교); 박성호(경북대학교)
21권 1호, 67~91쪽
초록
An international group of scholars established the Commission on European Family Law(CEFL) in 2001. The CEFL's main objective is the creation of Principles of European Family Law which aim to establish the most suitable means for harmonization of Family law within Europe. The Commission on European Family Law's first principles regarding Divorce and Maintenance between Former Spouses were published in December 2004. The principles clearly favour consensual divorce and encourage the spouses to come to an agreement. Such an agreement, however, is not a prerequisite for the divorce. Rather, where this is necessary, the competent authority decides on all child-related and economic consequences of the divorce. The British Government reformed the Family Law in 1996. In Family Law Act 1996, new trial or procedure was designed, which was the information meeting, period for reflection and consideration etc... Though the pilot program for Family Law Act 1996 made the British Government not implement Family Law Act 1996 in 2001, but the Family Law Act 1996 was the interesting trial. France's divorce is pronounced by mutual consent, fault, termination of common life. Ex-spouses may remarry once the final divorce is pronounced. If the termination of marital life has an negative effect in either of the ex-spouses, he/she may , if desired, request payment of a compensatory allowance. Such an allowance should be equal to whatever it would have been if life together still existed. The German Government reformed the Family Law in 1976. Specially the divorce part of German Civil Code repealed the existing system, so called the traditional fault based divorce system. And the traditional fault system was replaced by no-fault divorce system which rely on the sole ground of divorce, the irreparable breakdown of marriage. The harmonization of family law can be seen as an ultimate step on the road towards creating a truly people-friendly in Europe. These help us study our divorce law and will have suggestive and significant influence in amending the Korean Divorce Law.
Abstract
An international group of scholars established the Commission on European Family Law(CEFL) in 2001. The CEFL's main objective is the creation of Principles of European Family Law which aim to establish the most suitable means for harmonization of Family law within Europe. The Commission on European Family Law's first principles regarding Divorce and Maintenance between Former Spouses were published in December 2004. The principles clearly favour consensual divorce and encourage the spouses to come to an agreement. Such an agreement, however, is not a prerequisite for the divorce. Rather, where this is necessary, the competent authority decides on all child-related and economic consequences of the divorce. The British Government reformed the Family Law in 1996. In Family Law Act 1996, new trial or procedure was designed, which was the information meeting, period for reflection and consideration etc... Though the pilot program for Family Law Act 1996 made the British Government not implement Family Law Act 1996 in 2001, but the Family Law Act 1996 was the interesting trial. France's divorce is pronounced by mutual consent, fault, termination of common life. Ex-spouses may remarry once the final divorce is pronounced. If the termination of marital life has an negative effect in either of the ex-spouses, he/she may , if desired, request payment of a compensatory allowance. Such an allowance should be equal to whatever it would have been if life together still existed. The German Government reformed the Family Law in 1976. Specially the divorce part of German Civil Code repealed the existing system, so called the traditional fault based divorce system. And the traditional fault system was replaced by no-fault divorce system which rely on the sole ground of divorce, the irreparable breakdown of marriage. The harmonization of family law can be seen as an ultimate step on the road towards creating a truly people-friendly in Europe. These help us study our divorce law and will have suggestive and significant influence in amending the Korean Divorce Law.
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