相續法 - 家族法인가, 財産法인가?

• 영문명: Succession Law of the Korean Civil Law - Is it a Family Law or a Property Law? -
• 발행기관: 한국가족법학회
• 저자명: 최금숙(Keum Sook Choe)
• 간행물 정보: 『가족법연구』가족법연구 제19권 1호, 385~440쪽, 전체 56쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2005.03.01

영문 초록

The Part 4 of the Korean Civil Code is 'Relative' and the The Part 5 is ‘Succession’. The law of succession was usually called in my country to the present time a part of 'the law of relative and succession'. We have understood that our law of succession has been intimately connected with the Family Law. The contention that the law of succession is a part of the law of property was recently risen anew. We need to do new review about this. The new contention that the law of succession is the part of the law of property is different especially from the thought of the past. This stance is opposing with the stance that the law of succession is of the Family Law. The sub-title of a recent textbook which Prof. Kyung Sook Bae and I wrote is "The law of family and property" This is some far from the Family Law and more near to the direction of the law of property. Are there any elements of the law of property in the law of succession and elements of the Family Law? We look into it in some aspects. The point of this discussion is whether the law of succession is the law of property or the Family Law. This is difficult problem to come down the conclusion to any one. Does the law of succession have, to a certain extent, the characteristic of the property law or that of the Family Law? The succession system has the relation with property system of a private ownership. The common succession among heirs is the principle in the korean succession law. There is a case where heirs success the farm of their father, but the part of heirs can not success the farming. Heirs do not success all the functions of the property relation of their father. The successors succeed the property according to his or her potion of the succession which treats each. There is theory about the basis of the succession. One is that heirs' lives must be secured by the succession property at each. The other is 'theory of stability in the transactional society as' the basis of succession. Then, is our present law of succession a law of property or a Family Law? The law of succession of the Korean Civil Code has many elements of the property law, and also it can be said that the law of succession has some elements of the Family Law. I think the law of succession has been transcended to the property law. However, in the aspect of guarantee of the successor' lives, the law of succession is over the property law and the Family Law. I could conclude that we are to take the theory of life guarantee of human as the basis of the succession.

목차

Ⅰ. 序說

Ⅱ. 우리나라 및 외국의 상속제도의 변천과정

Ⅲ. 재산법의 기본이념과 친족법 및 상속법의 기본원칙

Ⅳ. 상속 및 유언에 관한 현행 규정

Ⅴ. 結語

참고문헌

Abstract