상속결격의 몇 가지 문제

• 영문명: Some Subjects of the Disqualification of Succession
• 발행기관: 한국가족법학회
• 저자명: 오병철(Byoung Cheol, OH)
• 간행물 정보: 『가족법연구』家族法硏究 第24卷 3號, 193~220쪽, 전체 28쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2010.11.30

영문 초록

The disqualification of succession has been discussed not enough in korean civil law theory. This paper deals with some subjects of the disqualification of succession which needs a little more research. The results of study are as followings; (1) KCC(Korean Civil Code) clause 3 article 1004 is interpreted and amended as “the person who makes a predecessor not to leave a will or to withdraw a will by fraud or threat” and KCC clause 4 article 1004 is interpreted and amended as “the person who makes a predecessor to leave a will or not to withdraw a will by fraud or threat”. (2) The person who already committed an act of some kinds(KCC clause 3 or 4 article 1004) of the disqualification of succession can receive a universal legacy. And the person who already committed an act of all kinds of the disqualification of succession can receive just a testamentary gift by specific title. In spite of KCC article 562, the person who already committed an act of all kinds of the disqualification of succession can receive a gift effective upon death. (3) There is no provisions for forgiveness of the disqualification of succession in KCC and there are opposing opinions on this problem. In my personal opinion, the predecessor can forgive a person who already committed an act of some kinds(just only KCC clause 3 or 4 article 1004) of the disqualification of succession in relation with the general theory of fraud or threat in KCC. (4) The person who already committed an act of all kinds of the disqualification of succession is under the legal obligation to return of all gift from the predecessor for legal reserve of inheritance in spite of disqualification of succession.

목차

Ⅰ. 문제의 제기

Ⅱ. 상속결격사유의 해석론

Ⅲ. 상속결격자의 수증능력

Ⅲ. 상속결격의 기타 문제

V. 결 론

키워드

상속결격 대습상속 유증 사인증여 유류분 상속회복청구권 disqualification of succession succession in stirps bequest by will gift effective upon death legal reserve of inheritance right of request for the recovery of inheritance