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羽生香織(Habu Kaori) 서강대학교 법학연구소 2019 서강법률논총 Vol.8 No.1
This paper will review the outline of the Japanese Civil Code(Inheritance law) revision in 2018 and future challenges. First of all, the amendment law newly established the right of a short-term residence and that of the residence for a spouse for the residence protection of a surviving spouse. First, the spouse`s short-term residence is the right that the wife can use the building free of charge for a certain period of time until the attribution of the building is confirmed by the inheritance partition after the death of her husband. Second, spousal residency means that a spouse has the right to use the building free of charge for a lifetime under certain requirements, such as when a wife has agreed to acquire a spouse"s residence status between the wife and the other heirs in the process of inheritance partition, or if the Family Court has found that special care is required for the maintenance of the wife"s life. Third, in the case of married couples with a marriage period of 20 years or more, if the husband is a bequest or gift for the building or land on which he resides, it is presumed that he has expressed his intention not to include the value of the residential building or its land in the total inheritance of his wife. In fact, the wife"s inheritance will increase more than the other heirs. However, despite the amendment of the Civil Law, the following challenges remain. First, in the case of a short-term residence for a spouse, if the wife does not want to leave the building, there is a risk of delays, and if a child lives in a building owned by the husband, it can be a question of whether the child can be granted short term residency. Second, in case of spouse`s residence, its transfer is prohibited and it is difficult to secure the cost of housing or treatment if the wife wants to stay in a nursing home or hospital for a long time. Third, the presumptive provision of the inheritee only applies the residential building and its site. Therefore, it is excluded from the application if you do the bequest or gift of money or if you do not have a residential building and its land, or if you are renting a residential building and its land.
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