일본 개정 유류분법의 해석과 적용

• 영문명: The Interpretation and Application of the New Imperative Inheritance Law of Japan
• 발행기관: 한국가족법학회
• 저자명: 이소은
• 간행물 정보: 『가족법연구』第37卷 2號, 177~218쪽, 전체 42쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2023.07.31

영문 초록

The amendment of Japanese inheritance law, promulgated on July 13, 2018 and inacted on July 1, 2019, has changed a wide range of legal relations with regard to imperative inheritance. The most remarkable change in imperative inheritance law is Article 1046 of Japanese Civil Code which stipulates that the heir who may claim the forced heir’s right shall claim restitution in money. Under the new law, the heir who claimed the forced heir’s right no longer has the right in rem over the property given to a third person. This article reviews each provision of Japanese imperative inheritance law and the academic discussion in Japan thereof. Based on the review, I suggest amendment of some provisions of the Korean Civil Code (hereinafter “KCC”). More specifically, I suggest the following amendments: (a) the range of the heir who may claim the forced heir’s right shall be reduced to the spouse and children of the deceased; (b) the forced heir’s right shall be constructed as monetary claim; (c) the range of donation that becomes the subject of the said right shall also be reduced in terms of time period; (d) the order of restitution shall be stipulated in KCC; (e) the potential heirs shall be able to abandon the said right in advance.

목차

Ⅰ. 들어가며

Ⅱ. 일본 유류분법 개관

Ⅲ. 일본 유류분법상 유류분침해액청구권

Ⅳ. 우리 법의 개정에 관한 시사점

Ⅴ. 나가며

키워드

유류분 일본 유류분법 일본 상속법 유류분법 개정 유류분반환청구권 Imperative inheritance Japanese imparative inheritance law Japenese inheritance law amendment of imperative inheritance law forced heir’s right