遺留分算定에 관한 考察 = A Study on the Calcultion of the Legal Portion of an Heir

다국어 초록 (Multilingual Abstract)

Under the private property system, an individual's right to dispose of property freely is guaranted such a freedom of property disposalapplies not only to disposal in life, bur also to one after the death, showing etself as the principle of the predecessor's freedom of will. But it is feared that the abuse of predecessor's right to dispose of property is apt to land the family of the deceased in poverty.
The lefal portion of an heir is a system aiming to protect surviving families from predecessor's arbitrary disposal of property. It is a system that secures a heritage in the fixed ratio of one's legal portion for a successor by restriction predecessor's freedom of property disposal by will.
Our country did not have the legal portion of an heir before 1977, and established thd system through partial amendment of the Civil law in 1977 . but there are only 7 provisions on a legal portion of an heir which are difficult to handle the complex matter of the legal portion of an heir. Also the partial amendment of the Civil law in 1990 caused new problems with regard to the calculation of the legal portion of an heir, about which no hot debate has been developed.
This dissertatoin tried to explore the proper method of calculation the legal portion of an heir by looking into problems with regard to the calculation of the legal portion of an heir.
I have efforts on reasonable interpretation with reference to loopholes of legislation in calculation the legal portion of an heir. Though our Civil law has fewer provisions on the legal portion of an heir compared with other legislative examples, we must not follow the interprtation of other countries' civil law, thereby avoding interpretation confliting with our Civil law and trying to present corret interpretation.

목차 (Table of Contents)

• Ⅰ.序論
• Ⅱ.遺留分算定의 基礎가 되는 財産
• Ⅲ.遺留分算定에 있어서 共同相續人과의 관계
• Ⅳ.遺留分算定에 있어서 財産 의 評家
• Ⅴ.遺留分算定의 事例
• Ⅵ.結語
• 참고문헌
• ABSTRACT