상속권 상실 선고에 관한 법무부 민법 개정안

• 영문명: Amendments to the Korean Civil Code on Disinheritance established by the Ministry of Justice
• 발행기관: 한국가족법학회
• 저자명: 박근웅
• 간행물 정보: 『가족법연구』第37卷 3號, 61~100쪽, 전체 40쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2023.11.30

영문 초록

Is it fair for parents who did not raise their children to inherit property after their children’s death? In response to this question, the Ministry of Justice of Korea submitted a civil law amendment bill to the National Assembly that introduces a system of disinheritance. This article introduces and reviews such civil law amendments. The main conclusions are as follows: First, in terms of legal stability, it is not appropriate to include violation of duty to support as a reason for disqualification from inheritance. It is also not appropriate for inheritance disqualification to be treated as a preliminary issue in civil litigation. However, termination of parental rights can be recognized as a reason for disqualification from inheritance. Second, when depriving an heir of his inheritance rights, it is desirable to have it go through a court trial. If it is allowed to unilaterally deprive the heir of the inheritance right by the will of the heir, there is a risk that the decedent will arbitrarily deprive the heir of the inheritance right. Third, If the deceased did not express his/her intention to deprive the heir of his/her inheritance rights during his/her lifetime, such heir should not be deprived of the right to inheritance even if the reasons for loss of the right to inheritance are met. If the level of disqualification from inheritance has not been reached, the will of the deceased is necessary to justify the result of Disinheritance.

목차

Ⅰ. 들어가는 말

Ⅱ. 상속권 상실 제도 정부안 도입과정과 내용

Ⅲ. 정부안에 대한 논의와 검토

Ⅳ. 맺는 말

키워드

상속권상실 상속결격 유류분 부양의무 피상속인의 의사 Disinheritance Disqualification from Inheritance Forced Share Duty to Support Intentions of Decedent