유류분의 개정에 관한 고찰

• 영문명: Consideration of the Revision ofthe Legal Reserve of Inheritance: Focusing on the Japanese Inheritance Law
• 발행기관: 한국가족법학회
• 저자명: 신봉근(Bong Geun Shin)
• 간행물 정보: 『가족법연구』第38卷 2號, 303~334쪽, 전체 32쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2024.07.31

국문 초록

A legal reserve of inheritance refers to an equity interest in inherited property whose acquisition is legally reserved to a certain heir and whose free disposal by will is restricted. This reserve system is intended to promote the freedom of the deceased in disposing of property and the adjustment of the inheritance rights of the surviving family. It also has the function of partially guaranteeing fairness between heirs. In Japan, research has recently been conducted to reexamine the meaning and social function of the reserve system. The main issues that are subject to review are a solution to the complex legal issues arising from the effect of the claim for the return of the legal reserve of inheritance, a method of calculating the legal reserve of inheritance related to the scope of the legal reserve of inheritance, clarification of regulations on abandonment of the legal reserve of inheritance, etc., and inheritance to be inherited by the person entitled to the legal reserve of inheritance. There are issues such as clarifying the legal relationship in cases where there is a return of the legal reserve of inheritance in relation to the addition of the debt amount, designation of the inheritance portion, and expression of intention to be exempt from return. The implications of this revision of Japan's legal reserve of inheritance system for Korea's legal reserve of inheritance system include the method of returning legal reserve of inheritance, the order of return of legal reserve of inheritance, and relinquishment of legal reserve of inheritance before the start of inheritance.

목차

Ⅰ. 서 론

Ⅱ. 유류분의 현대적 의의

Ⅲ. 일본 유류분의 새로운 규정

Ⅳ. 우리나라 유류분의 개정에 대한 시사점

Ⅴ. 결 론

키워드

유류분 유류분권리자 유류분반환청구권 유류분침해액청구권 상속분 Legal Reserve of Inheritance Right Holder of Legal Reserve of Inheritance Right to Claim the Return of Legal Reserve of Inheritance Right to Claim the Infringement of Legal Reserve of Inheritance Inheritance Share