본문 바로가기
  • Home
Basic Search

The Reconsideration of the Share of Spouse's Inheritance

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2017, 5(3), pp.193-209
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law

Kim Sang Hyun 1

1신한대학교

Candidate

ABSTRACT

Currently existing the share of the spouse's inheritance, in other words, after having an observation on the Civil Code Section 1009 Clause 2, which includes the share of the inheritance from the inheritee's spouse that will be added by 50 percent of the inheritance's share from a lineal descendant, if there will be a common share with the lineal descendant, and will be added by 50 percent of the inheritance's share from a lineal ascendant, if there will be a common share with the lineal ascendant, i consider that the share of spouse's inheritance loses the validity on the practicality for the following reason. Firstly, these days' circumstances, which has a reinforcement in the couples' relation because the average life expectancy has increased, also with a modification of consideration on the patriarchy society, there is a settlement of equality between husband and wife. Secondly with a modification of family structure, there is an aggravation between parents and fully grown children. Thirdly, unbalanced on the legal settlement principle from the relation of couples' asset and lastly, the decline in the share of the spouse's inheritance consequent on a number of coheirs. Consequently, a legislation, which can be connected to the legal principles of settlement if there is a divorce suit, need to assure the practicality and propriety of the share of the spouse's inheritance.

Statistics

  • 413 Viewed
  • 1 Downloaded

Tools

Issue List

Citation status

* References for papers published after 2023 are currently being built.

Basic Search Advanced Search