미국법상 대습상속의 법리

• 영문명: Rules of succession by representation in the United States - focusing on intestate succession under the Uniform Probate Code
• 발행기관: 한국가족법학회
• 저자명: 안소영(An, So-Young)
• 간행물 정보: 『가족법연구』家族法硏究 第34卷 3號, 59~96쪽, 전체 38쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2020.11.30

영문 초록

This paper reviews provisions of the Uniform Probate Code(2019) which are relevant to succession by representation with the aim to analyze the difference between the United States and South Korea in terms of rules of succession by representation. As a result, four main differences were identified. First, blended families are taken into account in UPC Section 2-103. It means according to UPC-Section 2-103, half-siblings are entitled to inherit by representation. Furthermore, descendants of the intestate’s deceased spouse(s) who are not descendants of the intestate have inheritance rights, although they are able to inherit only when there are no surviving heirs of the decedent. Second, succession by representation of spouse is not admitted in the United States, which is different from South Korea. Third, the United States, unlike South Korea, a disclaimer of an interest property causes succession by representation. Finally, while per stirpes is adopted in South Korea, per capita at each generation system of representation is incorporated throughout representation by intestate succession under UPC Section 2-103. This paper also reviews the possibility of adoption of per capita at each generation system in South Korea and suggests a direction for relevant provisions in South Korea in granting inheritance rights to half-siblings.

목차

Ⅰ. 서 론

Ⅱ. 미국의 통일유언검인법(UPC)상 무유언상속에서의 대습상속법리

Ⅲ. 쟁점별 검토

Ⅳ. 결 론

키워드

통일유언검인법 무유언상속 대습상속 가계별 균등상속 세대별 균등상속 Uniform Probate Code(UPC) intestate succession succession by representation per stirpes per capita at each generation