유류분 제도와 가족의 연대

• 영문명: The Forced Heirship System and Family Solidarity
• 발행기관: 한국가족법학회
• 저자명: 현소혜
• 간행물 정보: 『가족법연구』第36卷 3號, 1~40쪽, 전체 40쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2022.11.30

영문 초록

The forced heirship system has been implemented since 1979 in Korean Civil Act, but its functions are open to doubt nowadays due to the change of social and economic structure. Nevertheless, the forced heirship system should not be abolished. It is a part of the institutional guarantee according to the Article 36 ① of Constitution, because it prevents the dissolution of family solidarity by protecting the legal heirs from the decedent’s unrestricted disposition of property. However, the current forced heirship system and its relevant precedents falls short of the constitutional standard in that it does not provide the minimum protection for family system. First, the legal status of the co-heir who received devises and bequests changes to a third person according to the article 1114 of Korean Civil Act as soon as he renounces inheritance. It means the other co-heirs claim the return of the legal reserve against him in effect, so it would incapacitate the forced heirship system. Second, the precedents cut the forced heirship system from the contributory portion of the legal heir, so the heirs who received some devises and bequests in return for their special contribution to the decedents should rather recover the shortage of the legal reserve of co-heirs who has no contribution in the case which the decedent leaves no property. The contributory heirs can receive compensation neither in the process of inheritance division or from the lawsuit for the recovery of legal reserve of inheritance, which is against equity between family members and undermine the family solidarity.

목차

Ⅰ. 서론

Ⅱ. 유류분 제도의 헌법적 근거

Ⅲ. 유류분 권리자 범위의 적절성

Ⅳ. 유류분 산정 기초재산과 가족의 연대

Ⅴ. 유류분 부족액의 계산방법과 가족의 연대

Ⅵ. 결론

키워드

유류분 가족의 연대 특별수익 기여분 상속의 포기 forced heirship family solidarity devise for co-heir contributory portion of the legal heir renunciation of inheritance