유증의 연구

Abstract

Bequst, which means transfer of wealth for nothing. is very important in the inheritance law. It has never been discussed enough in what it means in the process of dividing the inheritance property and recoverig the shortages of legal reserve of inheritance. Studying the inheritance law, I come to some new ideas about bequest like hereunder. First, I check some legal characters of bequest. Those are the legal effect of it, the relation between bequest and gift effective upon death and that between bequest, special beneficiary and contributory portions. The latter three, bequest, contributory portions and special beneficiary, have special relation, the legal effect of which is interconnected in circulation(bequest > contributory portions > special beneficiary > bequest). Second, I analyze how the bequest should be dealt with in the process of dividing the inheritance property. I show the legal character of the property and come to a conclusion that the property consists of some parts like beqeust to the inheritors, that to the non-inheritors and the other. Third, I review what the bequest means and how it should be dealt with in the process of recovering the shortages of legal reserve of inheritance.