민법상 유언상속에 관한 연구

Abstract

Study on the Inheritance by Will in Korean Civil Law * Lecturer, Kyungpook National University. Jeon, HyeJung* This paper examined some issues about Inheritance by will. It is discriminated Inheritance by will from Inheritance by Law, Inheritance by Law means that the scope and order of being the heir are decided by law, and Inheritance by Will means that the heir is designated by inheritee. It is clear that Inheritance by Law is recognized in the Civil Law, in accordance with the provision of Article 1000, 1003. however, there is a disagreement of opinion abut Inheritance by Will, because the most distinguished character of Inheritance by Will, Designation of heir is not recognized. But anyone can leave a will and an inheritee can dispose the property as one pleases by a donation or a bequest. In case inheritee should make will, at first the inherited property is moved by the will, then a legal heir shall succeed the rest if there is some left. So inheritee's intention is reflected in the Inheritance system. Inheritance system has been advanced from inheritance of identity to inheritance of property, and nowadays inheritance contains only inheritance of property. so I think that Inheritance by Will is accomplished through freedom of bequest. Especially All-inclusive Bequest has filled the role of Designation of Heir, in meaning inheritee's rights and duties are inclusively succeeded to heir. However in comparison with foreign legislation, the system that Inheritance by Law could be amended by inheritee' intention was lacked. I think Inheritance by Will is more essential than Inheritance by Law with inheritance form, so I suggested the way how to reinforce it.