민법 제1014조의 상속분가액지급청구권 再論

• 영문명: Claim for Payment of the Amount Equivalent to One's Share of Inheritance on Civil Law Article 1014 - Critical Study on Constitutional Court Decision 2005HUNBA89 Delivered on July 29, 2010 -
• 발행기관: 한국가족법학회
• 저자명: 정구태(Chung, Ku-tae) 신영호(Shin, Young-ho)
• 간행물 정보: 『가족법연구』家族法硏究 第27卷 3號, 209~238쪽, 전체 30쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2013.11.30

영문 초록

‘A claim for payment of the amount equivalent to one’s share of inheritance (hereinafter referred to as ‘payment claim’)’ is to divide inheritance property equivalently among legitimate coheirs qualified for inheritance. It is in distinction from ‘a claim for recovery of inheritance (hereinafter referred to as ‘recovery claim’)’ in that the opposite party of the right is not the person who pretends to have the right of inheritance as a third party but is a legitimate coheir, that the right is not redeemed through civil proceedings but through family litigation proceedings, and that the petitioner’s right does not need to be restricted to protect a third party’s legal status or to secure the safety of transaction. In the Constitutional Court, however, there was a majority opinion that a payment claim was a sort of recovery claims and the exclusion period, pertaining to the recovery claim, had to be applied to the exercise of the payment claim. I don’t agree with this opinion. Even if the exclusion period, pertaining to the recovery claim, should be applied to the exercise of the payment claim, it requires that the period should be reckoned from the time of recognition or final ruling.

목차

Ⅰ. 序言

Ⅱ. 상속분가액지급청구권의 법적 성질

Ⅲ. 상속분가액지급청구권의 행사기간의 기산점

Ⅳ. 結語

《참고문헌》

Abstract

키워드

상속분가액지급청구권 상속회복청구권 공동상속인 참칭상속인 제척기간 Claim for Payment of the Amount Equivalent to One's Share of Inheritance Claim for Recovery of Inheritance Legitimate Coheirs Person who Pretends to Have the Right of Inheritance Exclusion Period