한정승인의 심판절차와 상속채무의 배당변제에 관한 고찰

• 영문명: A Study on the Judging Procedure of the Limited Approval and the Allotted Repayment of the Inherited Debt
• 발행기관: 한국가족법학회
• 저자명: 임영수(LIM, Yeong-su)
• 간행물 정보: 『가족법연구』家族法硏究 第25卷 3號, 253~288쪽, 전체 36쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2011.11.30

영문 초록

The current civil law specifies one’s responsibility based on the registration and acceptance of the limited approval and the range of the related effect. Moreover, it mentions the settlement method of the inherited properties based on the acceptance of the limited approval. However, Article 1030 of the Civil Law, which specifies the registration method of the limited approval, shows problems regarding the completion of the list of inherited properties, while Article 1038 or Article 1038 of the Civil Law, which specifies the repayment method of the inherited debt, contains the danger of converting the limited acceptance into a simple kind of acceptance due to the mutual interruption of the related legal regulations. It can be said that such a state has become worsened as the family court focuses on the process of accepting the limited acceptance, while providing the person with a limited approval with the burden related to the follow-up procedure in regard to the debt-repaying process towards the inherited creditor. As a result, not only the general public but also the experts involved in the related field are now regarding the limited approval system as the one requiring a lot of effort in order for anyone to be exempted from the responsibility related to the compensation for damages. Also, the rate of using such a system seems to be very low. Therefore, this study focuses on the appropriate acceptance procedure for the limited acceptance. Also, it looks at the process related to the allotted repayment of the inherited debt, which is carried out by the person with a limited approval following the acceptance procedure, suggesting various brief methods for the improvement of a few problems.

목차

Ⅰ. 머리말

Ⅱ. 한정승인의 제도적 의의

Ⅲ. 한정승인의 수리와 상속채무의 배당변제

Ⅳ. 제도의 개선을 위한 제안

Ⅴ. 맺음말

《참고문헌》

키워드

한정승인 상속포기 배당변제 단순승인 상속재산목록 부당변제 상속채무 상속채권자 상속재산의 청산 limited acceptance refusal of succession allotted repayment simple approval list of inherited properties unfair repayment inherited debt inherited creditor settlement of inherited properties