福祉型信託 導入을 통한 民事信託의 活性化

• 영문명: The revitalization of the Civil Trust through the introduction of welfare type trust - With a Particular Emphasis on the trust for beneficiary in succession -
• 발행기관: 한국재산법학회
• 저자명: 최현태(Choi, Hyun-Tae)
• 간행물 정보: 『재산법연구』財産法硏究 第27卷 第1號, 1~26쪽, 전체 26쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2010.06.30

영문 초록

The Ministry of Justice has prepared an entire amendment of the Trust Act in recent years. Even though the Trust Act was enacted in 1961 and revised somewhat since then, it has been applied infrequently. One of the biggest reasons why the Act has been rarely used would be the rigid rules incompatible with our reality. For this reason jurists and academia call for the amendment of the Trust Act from early. In the draft of the Act, it includes a concept of innovative system for invigoration of the Civil Trust. Articles 59 and 60 of the draft are the one reflected to the above concept and provide the Trust instead of a testament and the trust for beneficiary in succession, respectively. This paper, however, points out the subject matter of the latter, the trust for beneficiary in succession, in particular. The trust for beneficiary in succession defines a system that the next beneficiary acquires the right of the previous beneficiary, after the previous beneficiary dies. In this paper a relation with the civilly inheritance system in the trust for beneficiary in succession and a suitability are judged in particular. It is criticized as being not logically correct with the civil law and the fundamental of the law of inheritance, which benefit is allowed by the trust for beneficiary in succession. For Application of the trust for beneficiary in succession without a problem with the fundamental of the law of inheritance a construction of this Act is examined thoroughly.

목차

Ⅰ. 序論

Ⅱ. 複數受益權者를 前提로 한 受益者槪念의 分類

Ⅲ. 財産管理目的의 福祉型信託活用의 必要性

Ⅳ. 信託의 機能을 통한 福祉型信託의 活用可能性

Ⅴ. 繼續的遺贈의 代替機能으로서의 受益者連續信託

Ⅵ. 結論

키워드

Beneficiary Disability of the Beneficiary living trust for will substitute trust for beneficiary in succession the inheritance system testamentary gift