2018년 일본 개정 상속법 개관

Abstract

The Japanese inheritance law has existed since the amendment of the 1980s, with the contents of the inheritance of the spouse's law since the enactment of the Civil Act, without substantial change. However, as the age of the population gradually becomes aged on the basis of the development of science today, when the age of the spouse is aged relatively in the beginning of the inheritance, the necessity of protection is argued. Therefore, in Japan, which entered the super aging society ahead of us, we are actively discussing how to amend the Spouse Inheritance Law to the reality. With the decision of the Supreme Court of Japan on September 4, the demand for the full revision of inheritance law including spouse inheritance increased in society as a whole. In response, the Ministry of Justice has begun work to review and amend the inheritance law in earnest in order to respond to the public opinion that the protection of the married family is needed more in response to the equitable treatment of the inheritance of non-beneficiaries and expedients. As a result of this achievement, in July 6th of this year, "Law amending the Civil Law and Domestic Case Procedures Act" was established and it was promulgated on the 13th of the same month that the amendment of the inheritance law in the Japanese Civil Law was made. This includes a common awareness of the problem of modern inheritance law. Therefore, the revised inheritance law of Japan provides certain suggestions for the direction of our inheritance law, which faces similar problems. The main point of this paper is to introduce and explain the contents of the recently revised Japanese inheritance law amendment. Therefore, this paper describes six points formally presented in the legislative process of the Japan Inheritance Law: the establishment of a spouse's residence right, the provision of division of heritage property, the formulation of self-writing certificate will and the creation of storage system, Review over the details of specific revisions, focusing on revision of the retaining system, establishment of effectiveness provision of inheritance, establishment of a special contribution system.