@article{ART001317638},
author={Lee Hye Jin},
title={The Division of Property through Analyzing Lower Court Cases},
journal={DONG-A LAW REVIEW},
issn={1225-3405},
year={2009},
number={43},
pages={297-328}
TY - JOUR
AU - Lee Hye Jin
TI - The Division of Property through Analyzing Lower Court Cases
JO - DONG-A LAW REVIEW
PY - 2009
VL - null
IS - 43
PB - The Institute for Legal Studies Dong-A University
SP - 297
EP - 328
SN - 1225-3405
AB - It has been 18 years since the revised Civil Law containing the Division of Property System came into effect. As living in the course of marriage means to live together, it is not a significant problem who has the title of assets. But with the divorce it need to divide assets acquired during their marriage in proportion to contribution. So a party of a married couple can claim for division of property against another party. We call it the Division of Property System(hereinafter “the System”).
The System has contributed to protect a spouse(especially wife) who did not have an economic ability, and to realize an equity through substantial adjustment when they got a divorce. But due to indefiniteness of the clauses concerned, there revealed many problems to interpret and apply the System in spite of its importance in domestic cases.
In fact, considerable disparity about objects, process and ratio of division occurs by lower court judge's discretion. Therefore, a prediction, a balance of the application of laws are disturbed, which causes distrust of courts.
So this article tries to analyze concretely the Object and Ratio of Division in real cases(in particular lower court cases) to which the litigants pay all attention, without treating theoretical problems such as legal characteristics and requisites of the Claim for Division of Property.
KW - Claim for Division of Property;Consolation Money;blameful spouse;Set-off;Object of Division;Division Ratio;Assignment of Claim;Assumption of Obligation;Excessive Liabilities;Peculiar Property;Amount of Property;Retirement Allowance;de facto Marriage;Bigamy;the Same Sex Marriage
DO -
UR -
ER -
Lee Hye Jin. (2009). The Division of Property through Analyzing Lower Court Cases. DONG-A LAW REVIEW, 43, 297-328.
Lee Hye Jin. 2009, "The Division of Property through Analyzing Lower Court Cases", DONG-A LAW REVIEW, no.43, pp.297-328.
Lee Hye Jin "The Division of Property through Analyzing Lower Court Cases" DONG-A LAW REVIEW 43 pp.297-328 (2009) : 297.
Lee Hye Jin. The Division of Property through Analyzing Lower Court Cases. 2009; 43 : 297-328.
Lee Hye Jin. "The Division of Property through Analyzing Lower Court Cases" DONG-A LAW REVIEW no.43(2009) : 297-328.
Lee Hye Jin. The Division of Property through Analyzing Lower Court Cases. DONG-A LAW REVIEW, 43, 297-328.
Lee Hye Jin. The Division of Property through Analyzing Lower Court Cases. DONG-A LAW REVIEW. 2009; 43 297-328.
Lee Hye Jin. The Division of Property through Analyzing Lower Court Cases. 2009; 43 : 297-328.
Lee Hye Jin. "The Division of Property through Analyzing Lower Court Cases" DONG-A LAW REVIEW no.43(2009) : 297-328.
