기여분을 둘러싼 제문제 : 부양기여분법제 = Several Problem on The Contributory System

다국어 초록 (Multilingual Abstract)

In principle, Korean Civil Law follows equitable inheritance practices in case of joint inheritance. On the other hand, it has contributory portion system in Article 1008-2 to realize substantial fairness, to avoid perfunctory fairness. One of the criticisms that have been raised since the latter of 1990s in relation to the contributory portion system is that the operation of the system aimed at substantial fairness in portion is not so efficient in reality because the provisions regarding the system are too strict. Furthermore, since it is difficult for a contributing heir/heiress to predict whether or not he/she will acquire a contributory portion and how much he/she will acquire for it, his/her status is not stable. Accordingly, under the current legal system that does not specify detailed requirements for contributor portions and calculation methods, it is necessary to objectively define the requirements and calculation criteria of contributor portions for the predictability of acquisition of inheritance by coheirs and for the stability of their status. This study categorizes since contributory portion is an element of revision of inheritance portions in the division of inherited property, it is limited to coheirs who are entitled to the division of inherited property. As a result, in the event that the spouse and one child are coheirs, those who are a second-ranked lineal ascendant or third-ranked sibling are not entitled to claiming contributory portion even though they made special contribution to the inherited property. Accordingly, it is required to legislate provisions so as to recognize such contributions.

목차 (Table of Contents)

• Ⅰ.서론 1
• 1.부양기여분제도의 의의 1
• Ⅱ.부양의 유형 3
• 1.특별한 부양 3
• 1)법률상 부양의무의 이행인지의 여부 3
• 2)노부모 부양과 특별 부양의 관계 4
• 3)특별한 부양과 피상속인의 재산유지 및 증가여부 5
• 2.며느리의 요양보호 6
• Ⅲ.부양기여분 법제의 실효성과 한계 7
• 1.부양의무불이행에 따른 재산상속상 제재규정이 불비 7
• 2.유언 내지 유증을 통한 부양과 그 한계 8
• 3.현행 부양기여분의 한계 8
• Ⅳ.부양상속법제와 부양기여분법제의 비교 9
• 1.양자의 유사성 9
• 2.양자의 차이점 10
• 1)요거상 10
• 2)확정성 11
• Ⅴ.결론 11