배우자 상속의 제한

• 영문명: Restriction of spouse s inheritance
• 발행기관: 한국민사법학회
• 저자명: 최현숙(Choi Hyun-sook) 최명구(Choi Myeong-goo)
• 간행물 정보: 『민사법학』제47호, 187~223쪽, 전체 37쪽
• 주제분류: 사회과학 > 사회과학일반
• 파일형태: PDF
• 발행일자: 2009.12.31

영문 초록

If Unmarried female and male marry, they form a partnership and do their duty for smooth common life. Therefore, man and wife accumulate a fortune through mutual cooperation and start a harmonious family by fulfill their duties - the duty of cohabitation, supporting, cooperation. During one partner does not one s duty to support as abandons other partner with bad faith, through other partner dies, one partner inheritance without any sort of restrict. In other words through one partner abandons other partner with bad faith, if they do not report of divorce, the partner with bad faith inheritance. That is absurd, so the partner s inheritance need to restrict. De facto divorce do not exist marriage substantially but do exist marriage legally. That is analogous to judicial living separately system of England. So inheritance problems in de facto divorce can solve through judicial living separately system of England. In case spouse does not one s duty to support, they are brought under the law of inheritance in other nations. Abandonment with bad faith can be grasp the meaning by one type of ineligibility for inheritance. In that case, spouse must be subject to restriction about inheritance. Our society assets are inadequate to support every family, so private support need to support them. Those problems can be solved by restrict of spouse inheritance. To restrict spouse inheritance can help make a happy home.

목차

Ⅰ. 서론

Ⅱ. 배우자의 부양의무

Ⅲ. 배우자 상속

Ⅳ. 배우자 상속의 제한에 관한 논거

Ⅴ. 배우자 상속의 제한 정도

Ⅵ. 결론

참고문헌

키워드

부양 악의의 유기 상속의 근거 배우자 상속 상속결격 support abandon with bad faith foundation of inheritance spouse s inheritance ineligibility for inheritance