기여분과 대습상속인의 상속분

Abstract

The succession by Representation occurs a lineal descendant or a brother or sister who would become an inheritor has died, or has become disqualified before the commencement of succession. Succession by Representation is generally approved in most countries. However along the history and social environment of each country, the forms of succession by Representation are differentiated individually. In korea, about the succession by Representation, there are Article 1001, 1003 (2). Article 1001 (Inheritance by Representation) Where a lineal descendant or a brother or sister who would become an inheritor in accordance with the provisions of Article 1000 (1) 1 and 3, has died, or has become disqualified before the commencement of succession, his or her lineal descendants, if any exist, shall become inheritors in the order in which the deceased or disqualified person would have become the inheritor. Article 1003 (Order of Inheritance of Spouse) (2) In the case mentioned in Article 1001, the spouse of the deceased or the disqualified person, before the commencement of inheritance, becomes a co-inheritor in the same order as the inheritors provided in the same Article. If there exists no inheritor, the spouse becomes the sole inheritor. And about the contributory portion, there is Article 1008-2. Article 1008-2 (Contributory Portion) (1) If there is a person among co-inheritors who has specially supported the inheritee through sharing living accommodations or providing nursing, etc. for a considerable period or has specially contributed to the maintenance or increase of the property of the inheritee, the value, calculated by deducting his contributory portion as determined by an agreement of co-inheritors from the value of property of the inheritee at the time the inheritance is commenced, shall be considered as an inherited property. The amount calculated by adding such contributory portion to the inherited portion calculated under Articles 1009 and 1010 shall be the inherited portion of that person. <Amended by Act No. 7427, Mar. 31, 2005> (2) If co-inheritors fail to reach an agreement under paragraph (1), or if it is impossible to reach an agreement, the Family Court shall, upon the request of the contributor under paragraph (1), determine the contributory portion, taking into consideration the time, method and degree of the contribution, the value of the inherited property and other circumstances. (3) The contributory portion shall not exceed the amount calculated by deducting the value of testamentary gifts from that of property of the inheritee when the inheritance is commenced. (4) The request under paragraph (2) may be made when a request is made under Article 1013 (2), or as provided in Article 1014. The portion inherited by the person who becomes an inheritor in place of the deceased or disqualified person in accordance with the provisions of Article 1001 shall be that of the deceased or the disqualified person. And if the person who becomes an inheritor in place of the deceased or disqualified person, has specially supported the inheritee through sharing living accommodations or providing nursing, etc. for a considerable period or has specially contributed to the maintenance or increase of the property of the inheritee before death or ineligibility for inheritance himself, his contributory portion acknowledged as his own. and contributory after death or ineligibility for inheritance is the same.