遺留分의 개정에 관한 연구

• 영문명: A Study in The Revision of a Legal Portion of An Heir
• 발행기관: 한국가족법학회
• 저자명: 이은영(Eun Young Lee)
• 간행물 정보: 『가족법연구』가족법연구 제18권 1호, 193~216쪽, 전체 24쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2004.03.01

영문 초록

A legal portion of an heir has a quality of the social security. It is to prevent the heir’s living foundation when an inheritee dispose all the property as one pleases, by a donation or a bequest(or a bequeathal). This paper will show some matters under discussion of revision about the legal portion of an heir. First, I propose to create the article of civil law, 1115-2, the objection to performance-refusal and will-administration, from necessity of definite regulation about the reserve. The rightful person of the reserve is able to refuse a donation or a bequest(or bequeathal) .which infringe on whose reserve, and also able to object to the executer who has designated or assigned. Second, It is necessary to restrict the sibling competence of a reserve. Third, the limit of a dividing a spouse’s reserve is required to make up to the parcel of property In a divorce procedure. we need to make it possible to ask for claim division of property instead of returning parcel of reserve after decease of a spouse. Fourth, When the reserve has calculated. we shall apply in the regulation which include a portion of contribution. The heir, who insist of the reserve, has got to calculate the scope of the reserve which has to be returned including own legal portion of inheritance. Fifth, In returning a reserve, an obligator should have the option which is returned between original stuff and worth. Sixth, On the occasion that several persons has received a donation or a bequest(or a bequeathal),, I think it is better to preserve「the return by equivalent precedence of worth direct ratio」as the current civil law has adopted. On the other hand. there is different opinion on the revision that ought to be returned the later part which had conferred an order on.

목차

Ⅰ. 머리말

Ⅱ. 履行拒絶權의 明文化

Ⅲ. 遺留分權者 및 遺留分의 範圍

Ⅳ. 遺留分返還請求權의 行使

Ⅴ. 결 론

참고문헌

ABSTRACT