혼인무효․취소에 대한 검토와독일 민법이 주는 시사점

In Korean Family Law, there are two solutions to marital problems caused by defects in the marriage. One is nullity of the marriage and the other is marriage cancellation. The effects of marriage nullity and marriage cancellation are different. However, the German Civil Act merged the reason for nullification of marriage with the reason for cancellation, and provided the effect of eliminating the marriage as one single reason. I have examined the implications from the German Civil Code. In conclusion, this study suggests the problems of marriage nullity and cancellation of the Civil Code and ways to improve them. We have tried to draw some implications for us through a review of German legislation. The proposed contents are as follows. 1. When filing a marriage notification, an institutional device should be provided so that the parties can confirm their intention to marry. 2. In the discussion about the marriage physician, “formal doctrine” is more appropriate than “practical doctrine” which is the position of the pluralists and precedents. 3. Invalidation of the marriage is required by the court. 4. The broad marriage relationship between nullity and cancellation must be reduced. 5. It is also possible to discuss punishment of ban on marriage. 6. The effects of nullity of marriage should be improved.