상속권 상실 선고 제도에 대한 입법론적 검토

• 영문명: A Review of the Disinheritance Bill from the Legislative Perspective
• 발행기관: 한국가족법학회
• 저자명: 현소혜(Hyun, So Hye)
• 간행물 정보: 『가족법연구』家族法硏究 第35卷 3號, 1~46쪽, 전체 46쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2021.11.30

영문 초록

Recently, the Korean government has proposed a bill for the disinheritance to the Korean Assembly, which provides that the testator can request the disinheritance of the presumptive heir to the family court in the case of the material breach of his/her duty of support or in the case of serious crime against the testator, his/her spouse or lineal relatives. Although it was inspired by the disqualification of legal reserve of inheritance system in the German Civil law, there are two important differences. First, the testator can claim for the disinheritance of the presumptive heir while he/she is still alive; secondly, his/her heirs can claim it after the testator’s death. It looks similar to the disherison system in the Japanese Civil law, but it is the combination of the German system and the disqualification of inheritance by trial system in Franch Civil law in order to implement the Austrian concept, which allows the heir can carry out the intent of the testator on his behalf if the testator fails to die before he makes a will for the disinheritance of the presumptive heir. This paper is written to explain the structure and the details of the bill and to prompt the discussion for the introduction of a best disinheritance system suitable for the unique situation of Korea.

목차

Ⅰ. 서론

Ⅱ. 관련 개정안의 비교 분석

Ⅲ. 정부안에 대한 비판과 그 당부

Ⅳ. 결론

키워드

상속권 상실 상속결격 유류분 박탈 상속인 폐제 상속결격의 용서 Disinheritance Disqualification of Inheritance Disqualification of Legal Reserve of Inheritance Disherison Forgiveness of Disinheritance