Draft Civil Code Amendment Regarding the Marriage System

Below, I list a partial and provisional translation of cited text in the “Draft Civil Code Amendment Regarding the Marriage System (September 1994), page 9. I took inspiration from the provisional translation of the current Article 766.

(Note) Measures to ensure that the residence of the other spouse is not infringed by the unilateral disposition by the owner of real estate in the name of one of the spouses that is used for their joint life shall be an issue for future consideration, together with measures to protect the residence of the other spouse in the event of divorce or inheritance due to the death of the owner.

4 Divorce

1 Parent-child visitation after a negotiated divorce (related to Article 766)

(1)

When parents divorce by agreement, they may stipulate, as one of the matters necessary for the custody of the child, visitation between the child and the parents who is not obliged to take care of the child after the divorce.

(2)

In cases where the provisions set forth in (1) above are made, the child’s interests shall be considered with the highest priority.

(3)

If the agreement set forth in (1) above has not been made, or cannot be made, the matters set forth in the preceding paragraph shall be determined by the family court.

(4)

The family court may change the agreement or determination under the provisions of (1) or (3) and order any other proper disposition regarding custody over the child, if it finds this necessary.

(Note) Whether or not the scope of “custody” in Article 766 should be specified in the article and whether or not a system of joint custody (or a system of joint custody) should be adopted by the parents after divorce are issues for future consideration.

2 Division of property (related to Article 768)

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