일본의 상속시킨다는 취지의 유언에 대한 일 고찰

The study of will that a predecessor will portion his estate to his successor in Japan

&nbsp;&nbsp;The will that a predecessor will portion his estate to his successor has been developed with the current figures through judgment, and was started by the requests of a staff in charge. There are stipulated 3 with will matters in the Japanese Civil law. Those are Determination of portion(§ 902), Determination of Method Division by Will(§908) and Testamentary Gift(§964).<BR>&nbsp;&nbsp;Court judged that these wills are determination of Method Division. But theories are divided into several parts. About the will that a predecessor will portion his estate to his successor, theories are divided 4. Currently a lot of discussions are under discussion about that. However the will that a predecessor will portion his estate to his successor is not discussed in Korea. There are only 2 provision about disposition of property by Will in Korea.<BR>&nbsp;&nbsp;Article 1012(Determination of Method Division or Forbidding Division by Will) and Testamentary Gift(Article 1074 and the rest) are those. And there is not a judicial precedent about it.<BR>&nbsp;&nbsp;I think that a lot of discussions about the will that a predecessor will portion his estate to his successor are necessary.