스위스의 상속결격과 징벌적 유류분 박탈

Abstract

Inheritance disqualification refers to the loss of the right to inherit the estate of a deceased person due to the occurrence of certain statutory reasons defined by law. This system of inheritance disqualification is recognized not only in our country but also in many other nations as an important legal principle in inheritance law. In countries that recognize punitive disinheritance, heirs may be prevented from inheriting based on specific statutory reasons, regardless of the intentions of the deceased, thereby establishing a system of inheritance disqualification or punitive disinheritance. A person is unworthy of inheriting or acquiring anything by a testamentary disposition if: 1. he or she wilfully and unlawfully caused or attempted to cause the death of the person now deceased; 2. he or she wilfully and unlawfully rendered the person now deceased permanently incapable of making a testamentary disposition; 3. by malice, coercion or threat he or she induced the person now deceased to make or revoke a testamentary disposition or prevented him or her from doing so; 4. he or she wilfully and unlawfully eliminated or invalidated a testamentary disposition in such a manner as to prevent the person now deceased from drawing up a new one. However, Unworthiness to inherit does not apply if the person now deceased has forgiven the person concerned. Punitive disinheritance allows for the deprivation of an heir’s inheritance rights based on certain statutory reasons, enabling the exclusion of the heir from inheritance according to the intentions of the deceased. This differs from inheritance disqualification, where certain statutory reasons deprive the heir of inheritance rights regardless of the heir’s intentions. Punitive disinheritance permits the deprivation of an heir’s inheritance if they act contrary to the purpose and rationale of the inheritance rights. The testator has the power to deprive an heir of his or her statutory entitlement by means of a testamentary disposition: 1. if the heir has committed a serious crime against the testator or a person close to him or her; 2. if the heir has seriously breached his or her duties under family law towards the testator or the latter’s dependants.