부양의무의 해태와 상속권 제한

• 영문명: Negligence of support duty and Limitation of inheritance rights
• 발행기관: 충북대학교 법학연구소
• 저자명: 정현수(Jeong, Hyun Soo)
• 간행물 정보: 『법학연구』第32卷 第2號, 159~190쪽, 전체 32쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2021.12.31

영문 초록

Recently, in society, there has been a consensus that inheritance rights should be limited for those who do not fulfill their duty of support or harm their family. In response to this, various bills have been proposed. In addition, the Ministry of Justice announced the amendment to the Civil Code, known as the ‘Late Goo Hara Act’, on January 7, 2021, and submitted to the National Assembly on June 18, 2021. The amendment primarily deals with how in case the spouse of the decedent, or a person who becomes an heir pursuant to Article 1000, commits a reprehensible act against the decedent, the loss of inheritance rights may be filed with the Family Court. However, many criticisms have been raised regarding the issues related to the aforementioned amendment, and as one of the alternatives, the introduction of a system for loss of inheritance for legally reserved portion along with the expansion of the inheritance disqualification system have been introduced. Accordingly, the following study reviews the main legislative issues focusing on the details and problems related to the amendment to the system for loss of inheritance rights. The societal impact therefrom is expected to be huge, including the private legal relationship of the citizens. It is necessary to thoroughly examine how to rightfully put the amendment into practice in ways not contradictory to the existing inheritance law system in consideration of the people s feelings towards the inheritance law system.

목차

Ⅰ. 들어가는 말

Ⅱ. 외국의 관련 입법례

Ⅲ. 국회와 정부의 법안 논의 상황

Ⅳ. 입법적 논의에 관한 검토

Ⅴ. 맺는 말

키워드

부양의무의 해태 상속결격 상속권상실 유류분 대습상속 negligence of support obligations disqualification of heirship forfeiture of the right to inherit legally reserved portion inheritance per stirpes