배우자 거주권 제도의 도입 필요성과 도입방안

• 영문명: A Study on the Right of Spousal Residence and the Its Legislation
• 발행기관: 한국가족법학회
• 저자명: 현소혜(Hyun, Sohye)
• 간행물 정보: 『가족법연구』家族法硏究 第33卷 1號, 69~116쪽, 전체 48쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2019.03.30

영문 초록

The current inheritance law has a clear limitation in terms of guaranteeing surviving spouses the housing and cash for the rest of their life. According to the joint inheritance system(co-ownership of inherited property) and the legal status of spouses in the share of inheritance, there is high risk for surviving spouses of being deprived of the residence, due to the conflict with the other heirs, their disposition of co-owned share to the third party or the shortage of cash for restitution of unjust enrichment. Therefore the short-term right of spousal residence should be newly enacted, so that surviving spouses can keep living in the dwelling in which they have abode without compensation until the inheritance property division is completed. Furthermore, the relevant provisions on Chonsegwon(which means right to registered lease on deposit basis) should be supplemented so that it can function as the long-term right of spousal residence, in the case of inherited property division by agreement or by trial, as well as in the event of will. The needs of spouse, who desires the power of use, not the ownership, hereby can be met, and the will of deceased, who hoped to transfer his property to the descendants and wished to secure the residence for his spouse at the same time, can be fulfilled.

목차

Ⅰ. 서 론

Ⅱ. 일본 개정 상속법상 배우자거주권 제도에 대한 검토

Ⅲ. 배우자거주권 제도의 도입 필요성과 도입방안

Ⅳ. 결 론

키워드

배우자 거주권 단기거주권 장기거주권 일본상속법 생존배우자의 보호 Right of spousal residence Right of short-term residence Right of long-term residence Japanese Inheritance Law Protection of Surviving Spouse