피대습자의 배우자의 대습상속에 관한 입법론적 검토
A legislative study on the succession by representation of spouse
안영하
초록
A legislative study on the succession by representation of spouse An, Young-Ha* 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. the succession by representation of spouse, in particular, is admitted in korea unlike other countries. Korea is the only country to admit the succession by representation of spouse. But, at this point in time, the succession by representation of spouse has many problems. This paper deals with problems of the succession by representation of spouse, and through A legislative study on the succession by representation of spouse, I will show the way to solve that problems.