일본의 상속시킨다는 취지의 유언에 대한 일고찰

Abstract

The will that a predecessor will portion his estate to his successor has been developed with the current figures through judgment, and was started by the requests of a staff in charge. There are stipulated 3 with will matters in the Japanese Civil law. Those are Determination of portion(§ 902), Determination of Method Division by Will(§908) and Testamentary Gift(§964). Court judged that these wills are determination of Method Division. But theories are divided into several parts. About the will that a predecessor will portion his estate to his successor, theories are divided 4. Currently a lot of discussions are under discussion about that. However the will that a predecessor will portion his estate to his successor is not discussed in Korea. There are only 2 provision about disposition of property by Will in Korea. Article 1012 Article 1012 (Determination of Method Division or Forbidding Division by Will) An inheritee may by will determine the method of division of the inherited property, entrust a third person with such determination, or forbid division for a period not exceeding five years from the time of the commencement of the inheritance. (Determination of Method Division or Forbidding Division by Will) and Testamentary Gift(Article 1074 and the rest) are those. And there is not a judicial precedent about it. I think that a lot of discussions about the will that a predecessor will portion his estate to his successor are necessary.