A Proposal for the Methodology of Partition of Property by the Married Couple in the Process of Divorce -Applied to the system to division of remainder used in Germany-

Original Article

Journal of the Korean Home Economics Association 2002;40(12):159-170.

부부 이혼시 재산분할액 산정과정에 대한 제안 - 독일의 잉여청산제 적용을 중심으로 -

문숙재, 윤소영, 이윤신

이화여자대학교 소비자·인간발달학과,송호대학 유아교육과,이화여자대학교 소비자·인간발달학과

ABSTRACT

This study, with a view to establishing the objective and concrete methodology of partition of properly by the married couple in the process of divorce, is to suggest the calculation method of impartial division of property by means of applying the system to division of remainder used in Germany. Generally, the process of estimating the amount of partitioned property has two steps, the first of which is to calculate the remainder of the husband and the wife each. The second step is to compare the remainders of the couple and calculate the difference in order for the spouse who has more to claim the payment of a half of the difference. This method has the advantage of dividing impartially the remainder obtained by labor in the married life.

Keywords: 재산분할비율, partition percentage of property, 잉여청산제, a system to division of remainder, 재산분할청구권, a right of claim to division of property