공유자가 지분을 포기하거나 상속인 없이 사망한 경우 지분의 귀속

Abstract

Article 267 of the Civil Act stipulates as follows:
 -Article 267 Civil Act (Reversion in case of Renunciation of Shares, etc.): If a co-owner renounces his/her share or dies without a successor, his/her share reverts to the other co-owners in proportion to their shares.
 According to Article 267 of the Civil Act, if a co-owner (tenant in common) renounces his or her shares or dies without a successor, the shares reverts to the other co-owners in proportion to their shares. However, Article 1057-2 of the Civil Code stipulates as follows:
 -Article 1057-2 Civil Act (Apportionment for Person having Special Connection): (1) If no person asserts his/her right to inheritance within the period as prescribed in Article 1057, the Family Court may apportion all or part of the inherited property upon the request of those who have lived together with the inheritee, have provided the inheritee with medical and nursing care, or have had a special relationship with him/her. (2) The request as referred to in paragraph (1) shall be made within two months after the period prescribed in Article 1057 expired.
 So, if the inherited property is a share, it is a question of whether it reverts to the other co-owners under Article 267 of the Civil Act or can be apportioned into person having special connection under Article 1057-2 of the Civil Act.
 Meanwhile, according to Article 267 of the Civil Act, if a co-owner (tenant in common) renounces his or her share, the share reverts to the other co-owners in proportion to their shares. However, this also creates many problems. In other words, according to this regulation, other co-owners must bear more burdens combined with profits regardless of their will.
 This study examines Article 267 of the current Civil Act, which stipulates the Reversion of shares when a co-owner (tenant in common) renounces his/her share or dies without a successor, seeks solutions to various problems arising from this regulation, and proposes several improvements to Article 267 of the Civil Act.