포괄적 유증론

• 영문명: The Theory of Legacy by Universal Title
• 발행기관: 한국가족법학회
• 저자명: 현소혜(Hyun So Hye)
• 간행물 정보: 『가족법연구』家族法硏究 第31卷 1號, 291~328쪽, 전체 38쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2017.03.31

영문 초록

The Korean institution of legacy by universal title is of French origin via Japan s universal title legacy, and the French system of legs universel and legs à titre universel has evolved from the fusion of an inheritance designation and universal fideicommissum of Western Roman Empire. Therefore it is regarded as a substitute for heir designation with real right s effect. In other words, a testamentary donee by a universal title can succeed to rights and duties automatically at the time of a testator s death without transfer procedure according to Article 186 and 188 of Korean Civil Act. However, it is argued in recent years that universal title legacy has only a claim s effect, that is to say, a donee by a universal title has to register the given real property or to obtain possession of the bestowed movables for acquiring ownership, and furthermore, some argue that a donee by a universal title does not take over the testator s debt, either. This article is firstly written for supporting the theory of real right s effect from a historical and systematic view, balancing conflicting interests of a testator and his creditors, legal heirs and their creditors, subsequent purchasers from legal heirs and a donee by a universal title as well. The second aim of this paper is to identify the details of the theory of real right s effect, so it deals with some legal issues about shares of inheritance and its approval and renunciation etc. in the case that a donee by a universal title is one of legal heirs.

목차

Ⅰ. 서론

Ⅱ. 물권적 효과설의 타당성

Ⅲ. 물권적 효과설에 따른 포괄적 유증의 법률관계

Ⅳ. 결론

참고문헌

Abstract

키워드

포괄적 유증 물권적 효과설 채권적 효과설 상속인 지정 상속분 legacy by universal title the theory of real right s effect the theory of claim s effect heir designation share of inheritance