재산분할청구권 대상이 되는 재산범위의 확대-영업권과 주식매수선택권을 중심으로-

A claim for division of matrimonial property means the right of one party to divorce to claim property to the other party. In modern society, new type of asset value. Regarding property subject to property division, new types of asset values such as goodwill, intellectual property rights, and stock options are becoming increasingly important in addition to movable asset and real estate that have traditionally been treated as important property in modern society. However, these new types of property have difficulties in determining the target and scope of property division due to the personal nature or atypical nature. But, if these properties are not included in the scope of property subject to property division, they would not accurately reflect the contribution of each party to the property formed during marriage, so it would resultingly become the result opposing to actual equality of the married couple. In this writing, it studies mainly with french law about goodwill and stock option among the new type of property that is controversial about whether it becomes a subject of the claim for division of matrimonial property. Although there is rarely discussions over this in Korea, it has been discussed by the theory and the precedents since a long time ago. If a married couple is divorced, it would be considered as an inherent property that is not the subject of division of matrimonial property if a party of the couple has a specialized-job goodwill or the stock option. However, if the property is exercised so that the property value may be evaluated during marriage, it would be considered as a community property for division of matrimonial property. If this research achievement about the french law includes new type of prperty as a subject for the claim for division of matrimonial property in Korea, it is thought that it would ultimately provide an impportant implication to realize acual equality of married couple.