상속결격의 몇 가지 문제

Abstract

The disqualification of succession has been discussed not enough in korean civil law theory. This paper deals with some subjects of the disqualification of succession which needs a little more research. The results of study are as followings;(1) KCC(Korean Civil Code) clause 3 article 1004 is interpreted and amended as “the person who makes a predecessor not to leave a will or to withdraw a will by fraud or threat” and KCC clause 4 article 1004 is interpreted and amended as “the person who makes a predecessor to leave a will or not to withdraw a will by fraud or threat”. (2) The person who already committed an act of some kinds(KCC clause 3 or 4 article 1004) of the disqualification of succession can receive a universal legacy. And the person who already committed an act of all kinds of the disqualification of succession can receive just a testamentary gift by specific title. In spite of KCC article 562, the person who already committed an act of all kinds of the disqualification of succession can receive a gift effective upon death. (3) There is no provisions for forgiveness of the disqualification of succession in KCC and there are opposing opinions on this problem. In my personal opinion, the predecessor can forgive a person who already committed an act of some kinds(just only KCC clause 3 or 4 article 1004) of the disqualification of succession in relation with the general theory of fraud or threat in KCC. (4) The person who already committed an act of all kinds of the disqualification of succession is under the legal obligation to return of all gift from the predecessor for legal reserve of inheritance in spite of disqualification of succession.