相續의 承認과 抛棄에 대한 立法論的 硏究

• 영문명: Legislative Study on the Renunciation and Acceptance of Succession
• 발행기관: 한국민사법학회
• 저자명: 이화숙(Lee, Wha-Sook)
• 간행물 정보: 『민사법학』제30호, 471~502쪽, 전체 32쪽
• 주제분류: 사회과학 > 사회과학일반
• 파일형태: PDF
• 발행일자: 2005.12.31

영문 초록

This Study is to propose the legislation on the renunciation and acceptance of succession, especially when financial liability exceeds the inherited property. It is stipulated in the article 1019 paragraph 1 of Korean succession law that successors could considerate within 3 months after the decedent s death, whether he/she will renunciate or accept the succession limitly. However, when the short period passes, it is regarded as the successors accept the inheritance according to the article 1026 no. 2. Therefore, the law is favorable for the creditor than the successors. The article 1026 no. 2 was given decision by the Constitution Court in 1998, as which the article violated the equal right in the Constitution Law. It was amended that the successors who became to know about the liability included in the inherited property can limit the acceptance of inheritage within 3 months after when the successors know about the liability by the article 1019 paragraph 3 which was established newly in the year of 2002. Nevertheless, the reform law has another problem on the creditor s right this time. This study proposed to adopt the limited acceptance of inheritage as a principle after the consideration period passed, as a result of the comparative study on the German, French and English succession Law.

목차

Ⅰ. 들어가는 말

Ⅱ. 상속채권자와 상속인보호에 관한 입법례

Ⅲ. 민법 제1026조 2호에 대한 헌법불합치결정

Ⅳ. 특별한정승인제도의 내용과 평가

Ⅴ. 입법론

Ⅵ. 맺는 말

키워드

상속 한정승인 상속의 포기 인격대표자제도 고려기간 기산점 단순승인의제 특별한정승인 헌법불합치결정 민법 부칙 중대한 과실 채무초과 Succession Renunciation of Succession Limited Acceptance of Inheritage Equal Right Creditor Liability Constitution Law Constitution Court. Personal Representative.