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The Civil Code of the Republic of Korea (South Korea) was passed in 1958 as Law No. 471 and is known in South Korea as one of the three fundamental laws, the other two being Criminal law and constitution. It is made up of five parts, Part I (general provisions), Part II (real rights), Part III (claims), Part IV (relatives), and Part V (inheritance). [1]
The South Korean Civil Code is the largest code among South Korean law. During the period of Japanese rule (1910-1945), Japanese civil code was used, but family law and succession law partially followed Korean customary rules. After the establishment of the South Korean government, the Committee of Law Compilation (법률편찬위원회) proceed to legislate civil code and other codes in 1948 and completed in 1953. The South Korean government supplied the draft to the legislature in 1954, which then passed the civil code into law in 1957 after some amendments, mostly relating to the family law.
After it was enacted, the South Korean civil code has been modified seven times. Especially in family law, patriarchal system of family law was abolished in order to achieve the equality of the sexes in 1990.[ citation needed ] For example, in the area of child custody, both parents came to have equal rights, and the household registration system (호주제, hojuje) was abolished as unconstitutional.
General provisions (민법총칙) is a basic principle applying to the substantive law, according to the "Pandekten system". In the section of source of law, customary law and sound reasoning are also considered as source of law (Article 1). "Trust and good faith rule" is also stated in article 2.
General provisions consists of seven chapters:
Property rights (물권법) are influenced by Roman law and German law, but the "right to registered lease on deposit basis" (chonsegwon) has the most strong indigenous features. According to article 303, any person having chonsegwon is entitled to use it in conformity with its purposes and to take the profits from it by paying the deposit money and possessing the real property owned by another person.
In customary rule, customary superficies, right of grave base are also applied except nine rights written in the real rights part. In real estate, effect of changes in real rights is only valid by registration. This is because the rights and relations of real estate can be clear by the registration which serves the security of real estate contract.
Real rights consists of General Provisions (chapters 1 - 3) and Servitude (chapters 4 - 7):
Claims (채권법) consists of contract, management of affairs, unjust enrichment and tort. Contract part covers formation of contract, offer and acceptance and the kinds of contracts, gift sale and exchange, etc. In tort part, torts and damages are defined. Korean definition of torts is stated in article 750; "any person who causes losses to or inflicts injuries on another person by an unlawful act, willfully or negligently shall be bound to make compensation for damages arising therefrom".
Claims part consists of five chapters:
In South Korean law, the law on relatives (친족법) and (상속법) inheritance law comprise what is usually referred to as "family law" in legal studies. The law on relatives define marriage, parents and children, adoption, and the like. The Head of family system (호주제도, hojujedo) which gives benefit to the male member of family influenced the most part of South Korean family law before it was abolished by the Constitutional Court in 2005, because it was found to be against equality of sexes and human dignity. Therefore, in 2005, the modified civil code was enacted.
A tort is a civil wrong, other than breach of contract, that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable by the state. While criminal law aims to punish individuals who commit crimes, tort law aims to compensate individuals who suffer harm as a result of the actions of others. Some wrongful acts, such as assault and battery, can result in both a civil lawsuit and a criminal prosecution in countries where the civil and criminal legal systems are separate. Tort law may also be contrasted with contract law, which provides civil remedies after breach of a duty that arises from a contract. Obligations in both tort and criminal law are more fundamental and are imposed regardless of whether the parties have a contract.
A prenuptial agreement, antenuptial agreement, or premarital agreement, is a written contract entered into by a couple before marriage or a civil union that enables them to select and control many of the legal rights they acquire upon marrying, and what happens when their marriage ends by death or divorce. Couples enter into a written prenuptial agreement to supersede many of the default marital laws that would otherwise apply in the event of divorce, such as the laws that govern the division of property, retirement benefits, savings, and the right to seek alimony with agreed-upon terms that provide certainty and clarify their marital rights. A premarital agreement may also contain waivers of a surviving spouse's right to claim an elective share of the estate of the deceased spouse.
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Wills have a lengthy history.
Estate planning is the process of anticipating and arranging for the management and disposal of a person's estate during the person's life in preparation for future incapacity or death. The planning includes the bequest of assets to heirs, loved ones, and/or charity, and may include minimizing gift, estate, and generation-skipping transfer taxes. Estate planning includes planning for incapacity, reducing or eliminating uncertainties over the administration of a probate, and maximizing the value of the estate by reducing taxes and other expenses. The ultimate goal of estate planning can only be determined by the specific goals of the estate owner, and may be as simple or complex as the owner's wishes and needs directs. Guardians are often designated for minor children and beneficiaries with incapacity.
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This article summarizes the same-sex marriage laws of states in the United States. Via the case Obergefell v. Hodges on June 26, 2015, the Supreme Court of the United States legalized same-sex marriage in a decision that applies nationwide, with the exception of American Samoa and sovereign tribal nations.
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