민법상 부부공동생활비용의 부담에 관한 연구 = A study on the Financial support for members of the family

다국어 초록 (Multilingual Abstract)

  Article 833 in the Civil Law provides that the expense originated from marriage is a joint-charge. And then, the civil law Article 826 impose a duty of supporting on a married couple each other. For they have something in common with each other in that supporting is finally donation or raise of the cost of a cohabitation life, it may be asked what is any relation between 833 and 826.<BR>  In common view position, an apportionment duty of the living cost can be ideally distinguish this. However both is eventually same-one because the expense originated from marriage is cost needed for a married couple to keep their conjugal life and to bear this in the reality is, that is, performance of the supporting duty.<BR>  The living cost is expense to manage a married couple and growing child for community life. In this case that grownup children can"t get self-support ability, his living cost is able to include living cost of proper couple. For instance, school expenses for higher education is the same. Also, the cost for parents(of couple) can be include living cost in case of living together.<BR>  If they are a married couple in law, living together or not, the supporting each other exist as duty. So they are substantially broken and live separately, but even so, in principle they owe a supporting duty each other as long as they keep marriage in law. When compute living cost apportionment expenses, that expenses can increase and decrease with responsibility rate about a broken marriage.<BR>  when need to share living cost, a duty to share living cost arised to a married couple. And in case of a dispute of living cost, that problem hang upon mediation or judgment of a domestic relations court. Because the judgment is done for decision on dispute, apportionment of a duty is recognized at a point of origination of dispute.(that dispute originated)<BR>  For cooperation of couple is equal in married living, it is right to share a past married-cost as a rule.<BR>  A concrete calculation process of living cost is freely decided upon a proper amount by the court that is based on all of affair can be under consideration.<BR>  because this process cut off from communication with the outside, nobody can know what kind of standard the result is based on. Therefore, it is necessary to make a more objective calculation standard for the general application.

목차 (Table of Contents)

• Ⅰ. 들어가는 말
  Ⅱ. 입법례
  Ⅲ. 생활비용분담과 부부상호부양의무의 관계
  Ⅳ. 생활비용 공동부담의 내용
  Ⅴ. 별거 또는 혼인파탄과 생활비용
  Ⅵ. 맺는 말
  《참고문헌》
  영어 초록
  

참고문헌 (Reference)

• 1 "한국혼인법론" 하락도서 1989
• 2 "프랑스민법전" 법문사 2004
• 3 "친족상속법강의 가족재산법" 제일법규 2004
• 4 "주석 민법 친족(3)" 한국사법행정학회 2005
• 5 "민법상의 부양법리" 삼영사 1989
• 6 "독일의 양육비 산정 및 집행에 대한 고찰" 19 (19): 2005
• 7 "養育料婚姻費用算定に関する實證的硏究" 家月 40卷 6号
• 8 "調停によって將來にわたり支拂うこととされた婚姻費用分擔に関する債權を被保全債權とする詐害行爲取消權の成否" 判例タイムズ 271号 1972
• 9 "調停によって將來にわたり支拂うこととされた婚姻費用分擔に関する債權を被保全債權とする詐害行爲取消權の成否" 判例タイムズ 271号 1972
• 10 "未成熟子の養育費請求の方法" ジュリスト第302号 1964
• 11 "未成熟子の 扶養" 日本法學 24卷 2号 1958
• 12 "實務家事審判法-婚姻關係-" ケース硏究 71号 1962
• 13 "婚姻費用分擔夫婦扶助義務" 家族法大系 Ⅱ-婚姻- 有斐閣 1970