상속에 의한 배우자 부양

• 영문명: Support for Spouse through Inheritance - the Draft for the Inheritance Law Revision Established by the Civil Law Revision Committee of the Ministry of Justice in 2014 -
• 발행기관: 한국가족법학회
• 저자명: 서종희(Seo Jong Hee)
• 간행물 정보: 『가족법연구』家族法硏究 第30卷 2號, 111~142쪽, 전체 32쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2016.07.31

영문 초록

In Korea, it is expected to enter Aged society in 2018. Thus, Support for surviving old aged spouses is becoming a big social problem. So, the Civil Law Revision Committee prepared a draft of the Inheritance Law Revision and submitted it to the Ministry of Justice in 2014. Paragraph 1, Article 1008-4(the Lien of Spouse) of the draft of revision stipulates “The spouse of an inheritee shall have the lien to obtain a half of the amount which remains after debts are deducted from the properties which increased during the marriage life, existing at the time of inheritance”, allowing the other half, 50%, to be divided to other inheritors according to the legal inheritance rates. The draft of the revision for strengthening spouse's position at inheritance of property is a suitable reformation to the system of inheritance and regard it's proposal as appropriate. The reason can be summarized into two categories. First, inheritance should be done after the Marital liquidation of property. Second, surviving old aged spouses should be protected more than any other heirs for posthumous-support.

목차

Ⅰ. 들어가는 말

Ⅱ. 생존배우자의 상속지위 보호방법

Ⅲ. 생존배우자 보호를 위한 중용의 모색

Ⅳ. 맺음말

참고문헌

Abstract

키워드

배우자상속분 생존배우자 부양 선취분 재산청산 유류분 유언의 자유 기여분 Inheritance Share of Spouse Support for the surviving Spouse Lien of Spouse(Right to the referential Benefit) Liquidation of Property Legal Reserve of Inheritance Freedom of Making Wills Contributory Portion