台灣地區民法親屬編關於通常法定財產制之修正

夫妻財產制，乃夫妻相互間財產關系之法律制度。申言之，為維持夫妻間之共同生活，並保護夫妻雙方之權利，台灣地區民法立基於平等之法理上，制定夫妻財產制。而歷經二○○二年六月修正夫妻財產制後，台灣地區民法對於夫妻間財產所有權之歸屬、財產之管理、使用及收益、家庭生活費用之負擔、債務清償之責任以及剩余財產請求權等皆有所修刪增減。本文擬針對台灣地區民法於二○○二年六月有關夫妻財產制修正之規定，就修法前及修法後之規定，做一介紹。另外，針對此次修法後所新增之“自由處分金”制度，本文亦將加以說明與檢討。

The property System for spouse is the legal System established to govern the property relationship between husband and wife. In other words, the System is designed to protect the property interest for each of the spouse so that they may maintain their common living. In observing these purposes, the Civil Code of Taiwan District, subject to the jurisprudential principle of fairness, is provided with the provisions to cover the spouse’s property ownership. According to the most recent Civil Code amendment of Taiwan District, completed in June, 2002, the entitlement to spouse’s property ownership, the management of the property (including the direct utilization and making profit out of the property), the forbearance of family uses, the Obligation of debt clearance and the residual right to claim for the property are all somewhat amended, revealed or modified. It has been the main focus of this paper to address on the comparison between the provisions provided before and after said amendment of 2002. In additions, so called“free-will disposable money, ”a newly enacted system provided within the amendment will be specifically introduced and analyzed.