相續의 承認과 抛棄

Acceptance and Renunciation of Succession

When successor succeed deceased, effect of absolute acceptance occurs, if there is not exist any specific manifestation of intention for succession. Nevertheless when successor do not want to succeed or when property right of successor’s is damaged, because debt from succession exceeds intestate property, successor can keep his own property through qualified acceptance or renunciation of succession. But I look around regulations of acceptance and renunciation of succession, I find some problem. First, intestate property is not concretely defined, which is used for payment of debt from succession, second, conception of disposition is not clearly defined which is watered as legal absolute acceptance. And I think it is not clearly defined too, that acceptance or renunciation of succession is done, which make any effect to creditor of the estate and creditor of successor. Moreover it is not clear that there is primary beneficiary or a successor who get a part of contribution among successor, he is charged with any liability for the debt from succession in the case of assessment of intestate property or renunciation of succession. Besides some scheme for the problem that may happen because some clause which must be amended with the clause of specific qualified acceptance is not amended, must be researched. Considering this matter, the bill of family law amendment must be carried in the near future, and it is in need of researches in inheritance law of viewpoint of property law.