프랑스 民法上의 約定 共同財産制 (ANTE-NUPTIAL AGREEMENTS REGARDING CONVENTIONAL COMMUNITY IN FRENCH CIVIL LAW)

서지정보

· 발행기관 : 한국민사법학회
· 수록지 정보 : 민사법학 / 54권 / 2호 / 201 ~ 239페이지
· 저자명 : 박현정

초록

In French civil law through the ante-nuptial agreement spouses can modify statutory community by any kinds of agreement not contrary to French civil code. They may especially agree that the community shall include movables and acquisitions, that it will be derogated to the rules relating to administration, that one of the spouse will have the power to appropriate certain property on condition of indemnity, that one of the spouses will have an appropriation clause, that the spouses will have unequal shares of property, or that there will be a universal community between them. The rules on statutory community shall remain applicable on all questions which have not been the subject of the agreement of the parties.
Where spouses agree that there will be between them a community of movables and acquisitions, the common assets comprise, in addition to property which would form part of it under the regime of statutory community, the movable property of which the spouses had ownership or possession on the day of the marriage or which has fallen to them afterwards through succession or gratuitous transfer, unless the donor or testator has stipulated to the contrary. Spouses may stipulate that the survivor, or one of them in all the cases of dissolution of the community,will have the power to appropriate certain common property, with the responsibility of accounting for the community according to the value it has on the day of partition, unless otherwise agreed. It may be agreed in an ante-nuptial agreement that the survivor of the spouses will be authorized to appropriate from the common stock, before any partition,either a specified sum, or a specified property in kind, or a specified quantity of a determined kind of property. Spouses may derogate from the partition established by law. Alternatively spouses may by their antenuptial agreement establish a universal community of their property,movable and immovable, present and future.

영어초록

In French civil law through the ante-nuptial agreement spouses can modify statutory community by any kinds of agreement not contrary to French civil code. They may especially agree that the community shall include movables and acquisitions, that it will be derogated to the rules relating to administration, that one of the spouse will have the power to appropriate certain property on condition of indemnity, that one of the spouses will have an appropriation clause, that the spouses will have unequal shares of property, or that there will be a universal community between them. The rules on statutory community shall remain applicable on all questions which have not been the subject of the agreement of the parties.
Where spouses agree that there will be between them a community of movables and acquisitions, the common assets comprise, in addition to property which would form part of it under the regime of statutory community, the movable property of which the spouses had ownership or possession on the day of the marriage or which has fallen to them afterwards through succession or gratuitous transfer, unless the donor or testator has stipulated to the contrary. Spouses may stipulate that the survivor, or one of them in all the cases of dissolution of the community,will have the power to appropriate certain common property, with the responsibility of accounting for the community according to the value it has on the day of partition, unless otherwise agreed. It may be agreed in an ante-nuptial agreement that the survivor of the spouses will be authorized to appropriate from the common stock, before any partition,either a specified sum, or a specified property in kind, or a specified quantity of a determined kind of property. Spouses may derogate from the partition established by law. Alternatively spouses may by their antenuptial agreement establish a universal community of their property,movable and immovable, present and future.

참고자료

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