일본의 대습상속제도의 비교법적 검토

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. The succession by Representation of Japan is much similar with that of us :.at the point of its conditions and effects, while the succession by Representation of spouse is not admitted in Japan(Our civil law stipulates the representation by the spouse of the deceased or disqualified person. that is Article 1003 Paragraph 2). A comparative legal study on the succession by representation of Japan gives our study on that various dogmatic views.