유언과 상속재산의 보전 - 약자상속인 보호를 중심으로

• 영문명: Will and preservation of inherited property : Focused on Protection of Weak Inheritor
• 발행기관: 한국가족법학회
• 저자명: 박수영(Sooyoung Park)
• 간행물 정보: 『가족법연구』第38卷 3號, 115~150쪽, 전체 36쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2024.11.30

국문 초록

In inheritance, there are people who need special protection because of a naturally disadvantageous position compared to other co-inheritors. These people are called weak inheritors. This is a much broader concept compared to the weak inheritor defined in the Civil Act which limits the definition to those who are Persons with Limited Capacity. The parents of the weak inheritor want to ensure that the weak inheritor has enough property to survive after their death, and the property is well preserved after the inheritance. Securing the inheritance of the weak inheritor can be resolved through a will. However the weak inheritor needs special protection in the testamentary process, especially if there is no guardian. And, making a will, ensuring the validity of the will, and protecting acquired property are separate regal issues. The protection of the weak inheritor can be resolved through a bequest with the substitute heir, will substitute Trust, or trusts for disabled people. However these are not general systems for protecting the weak inheritor. A system should be systematized to protect the weak inheritor during the process of will. If that is difficult, a new legal system should be established. Subsequent heir is a good example.

목차

Ⅰ. 들어가며

Ⅱ. 유언의 단계별 약자상속인 보호의 문제

Ⅲ. 약자상속인을 위한 상속재산의 보전

Ⅳ. 마치며

키워드

약자상속인 유언 상속재산의 보전 연속유증 유언대용신탁 Weak Inheritor Will Preservation of Inherited Property Subsequent Heir Will Substitute Trust