민법상 유언상속에 관한 연구

• 영문명: Study on the Inheritance by Will in Korean Civil Law
• 발행기관: 한국가족법학회
• 저자명: 전혜정(Jeon HyeJung)
• 간행물 정보: 『가족법연구』家族法硏究 第20卷 3號, 151~180쪽, 전체 30쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2006.11.01

영문 초록

  This paper examined some issues about Inheritance by will. It is discriminated Inheritance by will from Inheritance by Law, Inheritance by Law means that the scope and order of being the heir are decided by law, and Inheritance by Will means that the heir is designated by inheritee.
  It is clear that Inheritance by Law is recognized in the Civil Law, in accordance with the provision of Article 1000, 1003. however, there is a disagreement of opinion abut Inheritance by Will, because the most distinguished character of Inheritance by Will, Designation of heir is not recognized. But anyone can leave a will and an inheritee can dispose the property as one pleases by a donation or a bequest. In case inheritee should make will, at first the inherited property is moved by the will, then a legal heir shall succeed the rest if there is some left. So inheritee"s intention is reflected in the Inheritance system.
  Inheritance system has been advanced from inheritance of identity to inheritance of property, and nowadays inheritance contains only inheritance of property. so I think that Inheritance by Will is accomplished through freedom of bequest. Especially All-inclusive Bequest has filled the role of Designation of Heir, in meaning inheritee"s rights and duties are inclusively succeeded to heir.
  However in comparison with foreign legislation, the system that Inheritance by Law could be amended by inheritee" intention was lacked. I think Inheritance by Will is more essential than Inheritance by Law with inheritance form, so I suggested the way how to reinforce it.

목차

Ⅰ. 들어가는 말
Ⅱ. 유언상속과 법정상속
Ⅲ. 상속인지정과 포괄유증
Ⅳ. 상속분지정과 유증 및 유산분할방법 지정
Ⅴ. 법정상속에서 유언상속으로
Ⅵ. 맺는 말
《참고문헌》

키워드

법정상속(Inheritance by Law) 유언상속(Inheritance by Will) 포괄적유증(All-inclusive Bequest) 상속인지정(Designation of Heir)