This article examines the historical development of the systems of bequests and the legal reserve of Inheritance in France, their influence on Korean civil law, and the implications thereof. In France, under the influence of Roman and Germanic law, be...
This article examines the historical development of the systems of bequests and the legal reserve of Inheritance in France, their influence on Korean civil law, and the implications thereof. In France, under the influence of Roman and Germanic law, bequests and the legal reserve of Inheritance have evolved through a process of both conflict and harmony. Historically, these two concepts have maintained a tense relationship, and this remains the case today.
In France, bequests were introduced through Roman law and have evolved as various customary laws were codified. Initially, under Roman influence, bequests had the effect of designating heirs; however, they were primarily utilized by social classes that sought to inherit not only property but also social status. For the general populace, on the other hand, inheritance through intestate succession was the norm. However, they were institutionalized in the French Civil Code, and the system has continued to evolve since then. To ensure the practical effectiveness of bequests, the right to a reserved share was recognized, and in response to contemporary demands regarding family support, specific types of them—namely, gradual bequests and residual bequests—were established.
Under current French law, the legal reserve of Inheritance reflects a synthesis of Roman law traditions, the Ancien Régime, and the laws of the French Revolution. The legal reserve of Inheritance is interpreted as an inheritance right that guarantees a specific portion of the estate to certain heirs designated by law. Consequently, it essentially serves as a restriction on the testator’s ability to dispose of their estate, thereby protecting both the family and the individual. The legal reserve of Inheritance, influenced by customary law, evolved into a complex form through the ideals of equality during the Revolutionary period.
French law has influenced the Japanese Civil Code, which serves as one of the legislative models for our Civil Code. A historical examination of the legal reserve of Inheritance under French law reveals that the legal reserve of Inheritance is a statutory mechanism designed to protect those whose financial interests have been infringed upon by a bequest, rather than a natural and inalienable right. In this regard, the recent developments in France’s systems of bequests and the legal reserve of Inheritance are also worth referring to as we continue to improve the corresponding systems under our Civil Code. It is necessary to seek a harmonious balance between the system of bequests, which is based on the testator’s freedom of testamentary disposition, and the system of the legal reserve of Inheritance, which constitutes a right of the heirs.