被相續人의 孫 및 姪 等의 相續權의 性格

• 영문명: The succession of grandsons and nephews of predecessor
• 발행기관: 한국사법학회(구 한국비교사법학회)
• 저자명: 안영하(young-ha An)
• 간행물 정보: 『비교사법』비교사법 제12권 2호, 109~146쪽, 전체 38쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2005.06.01

영문 초록

The succession by representation occurs a lineal descendant or a brother or sister who would become an inheritor has died, or has become disqualified before the commencement of succession. In korea, in inheritance, persons become inheritors in the following order: 1. Lineal descendants of the inheritee; 2. Lineal ascendants of the inheritee; 3. Brothers and sisters of the inheritee; and 4. Collateral blood relatives within the fourth degree of the inheritee.(Article 1000 Paragraph 1). And in the case mentioned in Article 1000 Paragraph 1, if there are two or more inheritors standing in the same order, the closest in degree of relationship shall have the priority of inheritance. If there are two or more inheritors standing in the same degree of relationship, they become coinheritors. About the succession by Representation, there is Article 1001. Article 1001 (Inheritance by Representation) Where a lineal descendant or a brother or sister who would become an inheritor in accordance with the provisions of Article 1000 (1) 1 and 3, has died, or has become disqualified before the commencement of succession, his or her lineal descendants, if any exist, shall become inheritors in the order in which the deceased or disqualified person would have become the inheritor. After all, the succession of grandsons and nephews of predecessor is provided two articals. The succession of grandsons and nephews of predecessor is composed as following. If all of sons or brothers and sisters who would become an inheritor have died, or have become disqualified before the commencement of succession, the succession of grandsons and nephews of predecessor is provided not Article 1000 Paragraph 1, but Article 1001. After all, the shares of succession of them are provided Article 1010. But if all of sons or brothers and sisters who would become an inheritor have renounced the right of succession, the succession of grandsons and nephews of predecessor is provided not Article 1001, but Article 1000 Paragraph 1. So the shares of succession of them are provided Article 1009.

목차

Ⅰ. 序

Ⅱ. 被相續人의 孫의 相續權의 性格

Ⅲ. 被相續人의 姪 등의 相續權의 性格

Ⅳ. 결론

[참고문헌]

【ABSTRACT】