신탁제도와 유류분반환청구권과의 관계

• 영문명: Relationship between the Trust and the Legal Reserve of Inheritance
• 발행기관: 한국가족법학회
• 저자명: 엄복현(Eom, Bok-Hyun)
• 간행물 정보: 『가족법연구』家族法硏究 第32卷 3號, 163~184쪽, 전체 22쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2018.11.30

영문 초록

In the case of trusts as will substitutes, the base property in calculation of legal reserve of inheritance is rights to benefit, and the substance of trusts as will substitutes is testamentary gifts or gift effective upon death of rights to benefit. Rights to benefit are inherited property, the other party to demand the return is the beneficiary, and the object to demand the return is rights to benefit. In the case of the will trust, the base property in calculation of legal reserve of inheritance is trust property, and trust property is inherited property. The other party to demand the return is the trustee, and the object to demand the return is trust property. In the case of trusts with successive beneficiaries, depending on the type of trust, the argument of the will trust or trusts as will substitutes is applied as it is. The value of rights to benefit of the second beneficiary is included in the base property in calculation of legal reserve of inheritance, and the other party to demand the return also includes the second beneficiary.

목차

Ⅰ. 들어가며

Ⅱ. 상속으로서 신탁의 유형

Ⅲ. 유류분반환과 관련된 문제

Ⅳ. 결 론

키워드

유류분 유류분반환청구권 유언대용신탁 유언신탁 수익자연속신탁 수익 권 신탁재산 legal reserve of inheritance right to demand the return for legal reserve of inheritance trusts as will substitutes will trust trusts with successive beneficiaries rights to benefit trust property