일본 개정 유류분법의 해석과 적용

Abstract

The amendment of Japanese inheritance law, promulgated on July 13, 2018 and inacted on July 1, 2019, has changed a wide range of legal relations with regard to imperative inheritance. The most remarkable change in imperative inheritance law is Article 1046 of Japanese Civil Code which stipulates that the heir who may claim the forced heir’s right shall claim restitution in money. Under the new law, the heir who claimed the forced heir’s right no longer has the right in rem over the property given to a third person. This article reviews each provision of Japanese imperative inheritance law and the academic discussion in Japan thereof. Based on the review, I suggest amendment of some provisions of the Korean Civil Code (hereinafter “KCC”). More specifically, I suggest the following amendments: (a) the range of the heir who may claim the forced heir’s right shall be reduced to the spouse and children of the deceased; (b) the forced heir’s right shall be constructed as monetary claim; (c) the range of donation that becomes the subject of the said right shall also be reduced in terms of time period; (d) the order of restitution shall be stipulated in KCC; (e) the potential heirs shall be able to abandon the said right in advance.