인문학
사회과학
자연과학
공학
의약학
농수해양학
예술체육학
복합학
DBpia AI
AI 에이전트
AI 아이디어
AI 리더
AI 뷰어
Citeasy
크롬 서지관리 다운로드
개인구독
소속 기관이 없으신 경우, 개인 정기구독을 하시면 저렴하게
논문을 무제한 열람 이용할 수 있어요.
지원사업
학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
초록· 키워드
It’s been the common approach towards legal problems regarding negotiable family cases from the perspective of the substantive law. But the guarantee of safety in international private life demands more than the regulations from the substantive law, which is manifested in the choice of law. It’s fairly natural that the regulations of the adjective law should be consulted too since resolving an international case is not possible only with the regulations of the substantive law by the choice of law.Thus this study conducted a review of the legal problems involving international divorces in the order of ① the proper law for international divorces, ② their international jurisdiction, and ③ approval of foreign divorce decisions.Article 39 of Private International Law matched the proper law of international divorces with that of common effects of marriage considering the fact that a divorce was a cause to make the status effects of marriage ineffective. Accordingly the first choice of law was the law of domicile common to the couple, the second was the law of habitual residence common to the couple, and the third was the law that’s the most related to the couple. In the process, the elements of sex discrimination were removed.It’s right to accept the jurisdiction of one of the couple’s residence country in a case of international divorce. Such a principle can be applied to the international jurisdiction of an international divorce mediation.Since there were no particular regulations for the approval and execution of a foreign family case decision prescribed in the family law litigation act, Article 217 of the Code of Civil Procedure was applied to such cases according to Article 12 of Family Law Litigation Act. Thus it’s necessarily interpreted that the regulations of mutual guarantee would be applied to a family decision.
#international divorce
#국제가사사건
#국제이혼
#international divorce mediation
#국제재판관할권
#international jurisdiction
#approval of foreign divorce decisions
#외국판결의 승인
#준거법
#negotiable family cases
#집행판결
상세정보 수정요청해당 페이지 내 제목·저자·목차·페이지정보가 잘못된 경우 알려주세요!
목차
등록된 정보가 없습니다.
참고문헌
참고문헌 신청최근 본 자료
