미성년자인 상속인의 한정승인에 관한 절차법적 검토

• 영문명: A Procedural Review on Qualified Acceptance of Minor Heirs
• 발행기관: 한국가족법학회
• 저자명: 오진숙(Jinsook Oh)
• 간행물 정보: 『가족법연구』家族法硏究 第36卷 2號, 373~402쪽, 전체 30쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2022.07.31

영문 초록

In many cases, minor heirs are damaged by obligations with the inherited estate. The Ministry of Justice announced an amendment to the Civil Code to protect minor heirs. The amendment can relieve some of the heirs, but it cannot protect minor heirs who become aware of their inheritance obligations when they are minors. In addition, legislation on the procedure for liquidation of Inherited Estate is necessary. If minor heirs passed the period for acceptance and renunciation, qualified acceptance should be regarded. And the provisions for bankruptcy of inherited property of the Debtor Rehabilitation And Bankruptcy Act should also be revised. The amendment to the Family Litigation Act should be amended that minors have non-litigation capacity in cases related to qualified acceptance. In the procedure of accepting the qualified acceptance report of minor heirs, the judge can appoint a procedure assistant to support minor heirs. In judicial procedures that affect the minor himself, the minor's own partici- pation must be guaranteed. A court may grant a litigation aid to participate in family litigation procedures that have an important impact on one’s life.

목차

Ⅰ. 머리말

Ⅱ. 미성년자인 상속인의 한정승인 절차와 문제점

Ⅲ. 미성년자인 상속인의 한정승인 관련 입법안의 검토

Ⅳ. 개정방향

Ⅴ. 맺음말

키워드

미성년자인 상속인 한정승인 가사소송법 비송능력 절차보조인 minor heirs qualified acceptance the law on family litigation non-litigation capacity of minor The procedural assistant