일본의 상속시킨다는 취지의 유언에 대한 일 고찰

• 영문명: The study of will that a predecessor will portion his estate to his successor in Japan
• 발행기관: 한국가족법학회
• 저자명: 안영하(An Young-Ha)
• 간행물 정보: 『가족법연구』家族法硏究 第21卷 1號, 213~248쪽, 전체 36쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2007.03.30

영문 초록

  The will that a predecessor will portion his estate to his successor has been developed with the current figures through judgment, and was started by the requests of a staff in charge. There are stipulated 3 with will matters in the Japanese Civil law. Those are Determination of portion(§ 902), Determination of Method Division by Will(§908) and Testamentary Gift(§964).
  Court judged that these wills are determination of Method Division. But theories are divided into several parts. About the will that a predecessor will portion his estate to his successor, theories are divided 4. Currently a lot of discussions are under discussion about that. However the will that a predecessor will portion his estate to his successor is not discussed in Korea. There are only 2 provision about disposition of property by Will in Korea.
  Article 1012(Determination of Method Division or Forbidding Division by Will) and Testamentary Gift(Article 1074 and the rest) are those. And there is not a judicial precedent about it.
  I think that a lot of discussions about the will that a predecessor will portion his estate to his successor are necessary.

목차

Ⅰ. 머리말
Ⅱ. 일본에서의 상속시킨다는 취지의 유언에 대한 논의
Ⅲ. 상속시킨다는 취지의 유언에 관한 몇 가지 문제
Ⅳ. 맺음말
《참고문헌》

키워드

기여분 대습상속 상속분의 지정 유언 유언에 의한 분할방법의 지정 유증 유언집행자 특별수익 피상속인 Contributory Portion Inheritance by Representation determination of portion Will Determination of Method Division by Will Determination of Method Division by Will Testamentary Gift Executor Special Beneficiary predecessor