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프랑스에서의 혼인과 가족생활 보호에 관한 연구 : 팍스제도와 동성혼을 중심으로

프랑스에서의 혼인과 가족생활 보호에 관한 연구 : 팍스제도와 동성혼을 중심으로 (2회 대출)

자료유형
단행본
개인저자
전영, 연구책임
단체저자명
한국. 헌법재판소. 헌법재판연구원
서명 / 저자사항
프랑스에서의 혼인과 가족생활 보호에 관한 연구 : 팍스제도와 동성혼을 중심으로 / 헌법재판소 헌법재판연구원 [편]
발행사항
서울 :   헌법재판소 헌법재판연구원,   2017  
형태사항
iii, 108 p. ; 26 cm
총서사항
비교헌법연구 ;2017-B-5
일반주기
연구책임: 전영  
서지주기
참고문헌: p. 95-108
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110 ▼a 한국. ▼b 헌법재판소. ▼b 헌법재판연구원
245 1 0 ▼a 프랑스에서의 혼인과 가족생활 보호에 관한 연구 : ▼b 팍스제도와 동성혼을 중심으로 / ▼d 헌법재판소 헌법재판연구원 [편]
246 3 ▼a 이천년대 이후를 중심으로
260 ▼a 서울 : ▼b 헌법재판소 헌법재판연구원, ▼c 2017
300 ▼a iii, 108 p. ; ▼c 26 cm
440 0 0 ▼a 비교헌법연구 ; ▼v 2017-B-5
500 ▼a 연구책임: 전영
504 ▼a 참고문헌: p. 95-108
700 1 ▼a 전영, ▼e 연구책임
910 0 ▼a Republic of Korea. ▼b Constitutional Court of Korea. ▼b Constitutional Research Institute, ▼e
945 ▼a KLPA

소장정보

No. 소장처 청구기호 등록번호 도서상태 반납예정일 예약 서비스
No. 1 소장처 중앙도서관/법학도서실(법학도서관 지하1층)/ 청구기호 342 2016z1 2017.B.5a 등록번호 111780193 도서상태 대출가능 반납예정일 예약 서비스 B M

컨텐츠정보

목차

Ⅰ. 서론 / 1

1. 연구의 배경과 목적 ····························································································· 1

2. 연구의 방법과 구성 ····························································································· 4

Ⅱ. 프랑스에서의 혼인의 자유와 제한 / 7

1. 프랑스 혼인제도 개관 ························································································· 7

가. 혼인의 성립요건 및 효과 ············································································ 9
⑴ 혼인의 유효조건 : 혼인의사의 합의 ··················································· 10
⑵ 착오로 인한 혼인무효 ·········································································· 11
⑶ 혼인의 효과 ···························································································· 12

2. 프랑스 헌법상 혼인의 자유의 근거 ································································ 16

3. 혼인의 자유에 대한 (헌법재판소) 결정 ·························································· 21

가. 이혼의 자유도 혼인의 자유에 포함되는지 여부 ····································· 22

나. 후견인의 동의가 혼인의 자유를 침해하는지 여부 ································· 25

다. 혼인의 자유에 대한 제한 : 공공질서 보호 ············································· 27

Ⅲ. 혼인 외 다양한 커플 결합형태의 등장 / 29

1. 동거 ····················································································································· 31
⑴ 동성커플의 동거 불인정 ······································································· 32
⑵ 동거파트너 사망사고 발생 시 보상 문제 ·········································· 33
⑶ 동거커플의 임대차 계약 ······································································· 33

2. 팍스 ····················································································································· 34

가. 팍스의 제정배경 및 연혁 ·········································································· 37

나. 팍스의 법적 성질 ························································································ 39

다. 팍스의 요건 ································································································· 40
⑴ 명확하고 자유로운 합의 ······································································· 40
⑵ 행위능력 ································································································· 41
⑶ 공동생활 영위 목적 ·············································································· 41

라. 팍스의 효과 ································································································· 41
⑴ 동거의무 ································································································· 41
⑵ 정조의무 ································································································· 42
⑶ 협조의무 ································································································· 42
⑷ 부양의무 ································································································· 43

마. 팍스제도 개정 : 『2006년 상속과 증여의 개정에 관한 법률』··········· 44

Ⅳ. 사회의 발전과 새로운 상황에 부응해야 하는 필요성 / 47

1. 팍스와 혼인제도 비교 ······················································································· 49

가. 상이한 형태의 조건들 ················································································ 49

나. 효력 및 상이한 커플해소 방식 ································································· 49

다. 친자관계의 문제 ·························································································· 50

2. 구체적인 사례 검토 ··························································································· 54

가. 혼인에 있어서의 한계 ················································································ 54
⑴ 외국에서 거행된 동성혼의 유효성 ······················································ 54
⑵ 동성커플의 혼인 무효소송 ··································································· 54
⑶ 동성혼 불인정 결정 : 헌법재판소 판단 ············································· 57

나. 가족생활의 한계 ·························································································· 59
⑴ 입양으로 인한 친권위임을 인정한 결정 ············································ 59
⑵ 팍스커플의 입양신청 거절 결정 ························································· 61
⑶ 동성커플에 대한 해외입양판결 집행거부 판결 ································· 63
⑷ 팍스커플의 유족연금 ············································································ 64
⑸ 인공수정으로 태어난 아이에 대한 입양 ············································ 66
⑹ 대리모 출산을 통해 태어난 아이의 호적인정 문제 ························· 67

Ⅴ. 『동성혼허용법』 제정 및 『동성혼허용법』에 대한 헌법재판소 결정 / 70

1. 『동성혼허용법』제정 ······················································································· 70

가. 『동성혼허용법』 제정목적 ······································································· 72

나. 『동성혼허용법』 내용 검토 ····································································· 74
⑴ 동성혼 인정 ···························································································· 74
⑵ 동성커플의 입양허용 ············································································ 75

2. 『동성혼허용법』에 대한 헌법재판소 결정 검토 ········································· 80

가. 혼인에 대한 검토 ························································································ 80
⑴ ‘공화국 법률에 의해서 인정된 기본원칙 위반’에 대한 판단 ········· 80
⑵ 동성혼 허용이 혼인제도 왜곡에 해당하는지 여부 ··························· 81
⑶ 평등원칙 위반 여부 ·············································································· 83
⑷ 『동성혼허용법』 제정 이전에 이루어진 동성혼의 유효성 ············ 85

나. 친자관계에 대한 검토 ················································································ 87
⑴ 입양에 관한 조항의 명확성에 대한 판단 ·········································· 87
⑵ 동성커플의 입양에 대한 판단 : 평등원칙 및 가족생활 존중권 원칙
위반 여부 ······························································································· 88

Ⅵ. 시사점 및 결론 / 90
❚참고문헌 ······················································································································· 95

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