상속법의 자화상과 미래상

• 영문명: The Sketch of the Here and the Hereafter of Korean Inheritance Law
• 발행기관: 한국민사법학회
• 저자명: 현소혜(Hyun So Hye)
• 간행물 정보: 『민사법학』제52호, 599~631쪽, 전체 33쪽
• 주제분류: 사회과학 > 사회과학일반
• 파일형태: PDF
• 발행일자: 2010.12.31

영문 초록

There has been a remarkable development in Korean Inheritance Law during past 50 years. But we are still faced with some urgent problems in this field. First of all, it should be examined whether customary law on inheritance before the enactment of Korean Civil Act was real, or whether it is not unconstitutuional, and, if it is, should be decided with what invalid customary law would be replaced and which government organization will charge this task. Secondly, we need to pay attention to the number of cases on inheritance which has come to an end by conciliation. It means the parties concerned do not realize their legal shares of inheritance in too many cases, neither the court. This results from the uncertainty of calculation-method of the concrete shares of inheritors reflecting special beneficiary or contributory portion. It has a bad influence on proceedings of legal preserve of inheritance and of obligee s revocation. Thirdly, it should be more emphasized that the Korean Inheritance Law has a character as a part of Family Law. It will help limit for third parties like obligees to intervene the personal decision of co-inheritors such as renunciation of inheritance or determination of devision-method. It can be also helpful for legislators so as to urge them to propose new paradigm about matrimonial property institution and spouse-inheritance rights, because it provides the integrated view about the legal status of the divorced spouse and the widowed one.

목차

Ⅰ. 들어가면서

Ⅱ. 상속법과 관습

Ⅲ. 상속법과 조정

Ⅳ. 상속법과 가족

Ⅴ. 나오면서

참고문헌

키워드

관습법 상속분 상속의 포기 상속재산분할협의 상속회복청구권 조정 부부재산제 customary law conciliation legal shares of inheritance renunciation of inheritance determination of devision-method matrimonial property institution spouse-inheritance rights