일본가족법상 유류분제도의 재조명
The Study of the Point of View on the Reserve in Japan
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This study is about the change of the point of view on the Reserve in Japan and Korea. In 1977, Korean Civil Law adopt reserve system. The main reason of the adoption is to help the legal heir(s) to keep its livelihood after the death of the inheritee. And and to secure the equality between coheirs as the persons entitled to legally secured portions. Janpanese Civil Law adopt this system earlier than Korean Civil Law for the similar reason. Although the background of the adoption in Japan is different from Korean, the main reason of the adoption is very similar. Japan started modernization of legal system earlier than Korea. Besides Japan has experienced economic development and change of social consciousness earlier than Korea. Korea experience the same or similar experience in Japan little bit later. So it is very important and useful to observation of the change of the view and article in japanese civil law for prospecting korean civil law. Through observation of the change of the view on the reserve in Japan, we can discover new approach to solve problem related reserve and to suggest new way of application. The theories in Korean is mostly focusing mutual relation between the liberty of legator and the equality of right of a legal heir's to inherited property. but the theories in Japan may be focusing on even consultation to stop infringement in advance. Therefore the some legislations was available to stop dispersing of property. Despite risk of infringement of reserve, these legislations opened a way to deal with in new problem of reserve case by new social and economic needs. These facts are very suggestive to theories in Korea and It can help resolve surrounding reserve by changing point of view on reserve in Korea.
Abstract
This study is about the change of the point of view on the Reserve in Japan and Korea. In 1977, Korean Civil Law adopt reserve system. The main reason of the adoption is to help the legal heir(s) to keep its livelihood after the death of the inheritee. And and to secure the equality between coheirs as the persons entitled to legally secured portions. Janpanese Civil Law adopt this system earlier than Korean Civil Law for the similar reason. Although the background of the adoption in Japan is different from Korean, the main reason of the adoption is very similar. Japan started modernization of legal system earlier than Korea. Besides Japan has experienced economic development and change of social consciousness earlier than Korea. Korea experience the same or similar experience in Japan little bit later. So it is very important and useful to observation of the change of the view and article in japanese civil law for prospecting korean civil law. Through observation of the change of the view on the reserve in Japan, we can discover new approach to solve problem related reserve and to suggest new way of application. The theories in Korean is mostly focusing mutual relation between the liberty of legator and the equality of right of a legal heir's to inherited property. but the theories in Japan may be focusing on even consultation to stop infringement in advance. Therefore the some legislations was available to stop dispersing of property. Despite risk of infringement of reserve, these legislations opened a way to deal with in new problem of reserve case by new social and economic needs. These facts are very suggestive to theories in Korea and It can help resolve surrounding reserve by changing point of view on reserve in Korea.
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