寄與分制度에 있어서 그 問題點에 관한 硏究 = A study on the Problem of Contributory Portion System

다국어 초록 (Multilingual Abstract)

Civil Act has the contributory portion system to cease formal egalitarianism and realize substantial equality, while it in principle follows equalized inheritance in joint inheritance. The contributory portion system is means such a system to reflect and add contribution to calculation of his or her inheritance portion if there is(are) a person(s) among the co-inheritors who has specially contributed to the maintenance or increase of the property of the inheritee.
The contributory portion does not become the object of returning of the legal reserve of inheritance. But the testamentary gift which infringes legal reserve of inheritance becomes the object of returning. It is not obvious that the contributory portion is the object of legal reserve of inheritance returning requisition or not and his contributory portion must be deducted the property which becomes foundation of a calculation of legal reserve of inheritance. There is no provision whether the value, calculated by deducting his contributory portion as determined by the Family Court from the value of property of the inheritee at the time the inheritance is commenced, shall be considered as an inherited property or not.
When establishing provisions of contributory portion, I do not know whether they forecast the various legal relationship between them. But it is important that we have to know where the contributory portion system is located and how it gives an effect with relationship of testamentary gift and legal reserve of inheritance in the interpretation of this provisions.