遺留分의 개정에 관한 연구

A Study in The Revision of a Legal Portion of An Heir

A legal portion of an heir has a quality of the social security. It is to prevent the heir’s living foundation when an inheritee dispose all the property as one pleases, by a donation or a bequest(or a bequeathal). This paper will show some matters under discussion of revision about the legal portion of an heir. First, I propose to create the article of civil law, 1115-2, the objection to performance-refusal and will-administration, from necessity of definite regulation about the reserve. The rightful person of the reserve is able to refuse a donation or a bequest(or bequeathal) .which infringe on whose reserve, and also able to object to the executer who has designated or assigned. Second, It is necessary to restrict the sibling competence of a reserve. Third, the limit of a dividing a spouse’s reserve is required to make up to the parcel of property In a divorce procedure. we need to make it possible to ask for claim division of property instead of returning parcel of reserve after decease of a spouse. Fourth, When the reserve has calculated. we shall apply in the regulation which include a portion of contribution. The heir, who insist of the reserve, has got to calculate the scope of the reserve which has to be returned including own legal portion of inheritance. Fifth, In returning a reserve, an obligator should have the option which is returned between original stuff and worth. Sixth, On the occasion that several persons has received a donation or a bequest(or a bequeathal),, I think it is better to preserve「the return by equivalent precedence of worth direct ratio」as the current civil law has adopted. On the other hand. there is different opinion on the revision that ought to be returned the later part which had conferred an order on.