등록파트너십을 포함하는 혼외동거에 관한 헤이그국제사법회의의 비교법적 동향 분석

Cohabitation outside marriage like unmarried cohabitation or registered partnerships is gradually growing around the world today. This phenomenon leads to many problems even in light of the private international law including a rise in at-risk children as a result along with an increase in ex-nuptial fertility rate. Our country has failed to arrange the rules of internal law and private international law pertinent to this so far. Still, there is a need to face up to reality in which many countries are enacting and improving laws and regulations through reflecting a trend of a growth in cohabitation outside marriage. Furthermore, the operation, which analyzes the recent trend of Hague Conference on Private International Law that is the most fundamental and essential research subject in terms of many issues, which may occur in relation to cohabitation outside marriage, is thought to be a necessary prerequisite that will need to be certainly passed. Accordingly, this study is examining focusing especially on 「Note on Developments in Internal Law and Private International Law concerning Cohabitation Outside Marriage, including Registered Partnerships」 for 2008, and on 「Update on the Developments in Internal Law and Private International Law concerning Cohabitation Outside Marriage, including Registered Partnerships」 for 2015, among the reports of Permanent Bureau for the Hague Conference on Private International Law. First of all, legislations in each country are being checked comparatively as for the establishment and validity of unmarried cohabitation and registered partnerships in light of internal law. Sequentially, applicable laws are being comparatively arranged in terms of the establishment and effectiveness of unmarried cohabitation and registered partnerships in the aspect of private international law. Finally, the problems are being generally addressed as to the jurisdiction, applicable law and recognition of registered partnerships in light of private international law. This is because diverse problems take place realistically regarding the jurisdiction, applicable law and recognition of partnerships when their children form partnerships in other country beyond the border along with couples who do cohabitation outside marriage like unmarried cohabitation and registered partnerships. There is no international system at the world level yet that comprehensively addresses the aspect of private international law of cohabitation outside marriage. But the demand for a definite solution on its legal uncertainty is inevitable in a situation that cohabitation outside marriage crosses the border. Hence, the aim is to have an opportunity available for offering useful evidentiary material in reality even from the legislative policy point of view in our country henceforth, through reviewing the comparative trends in light of the internal law and private international law of Hague Conference on Private International Law pertinent to cohabitation outside marriage focusing on unmarried cohabitation or registered partnerships.