상속배우자의 권리보호에 관한 소고 - 일본에서의 배우자거주권 도입에 관한 논의를 계기로 하여 -

Abstract

In our legal system, we recognize that the spouse is granted the right to reside in the Housing Lease Protection Act by inheriting his status as a tenant to the spouse of a deceased person, thereby protecting the residence. Inheritance is also inherited by the spouse of a deceased Even if they do not live together, they are only allowed to admit, and at least the spouse of a legal marriage is not allowed even this right in the wording of the sentence. Of course, this right may not be necessary because a spouse of a legal marriage can inherit the property of the hero, unlike a spouse of a common-law marriage. However, as the aging society advances, and as the average life expectancy increases, the beginning of inheritance is gradually delayed, and it is increasingly difficult for surviving spouses to maintain the same or at least similar level of living as their counterparts are alive. Especially, in the case of property inheritance, it is not easy for an elderly surviving spouse whose physical and mental abilities are unlike the old to manage the inherited property, and eventually, when the property is lost, it may happen that the person should leave the house where they live. In other words, the basic living rights can be threatened. In Japan, recently, the existing inheritance law has been amended to prepare for the above-mentioned aging society, and a surviving spouse is granted the right to live in the current building until the death. That is the so-called residence of the spouse. The purpose of this paper is to obtain implications for our inheritance law by examining the introduction background of spouse 's residence in Japan which was revised and introduced in 2018, the legal nature of the spouse's residence.