우리 상속법의 비교법적 위치

The Korean law of succession in comparative context

In this article the author examines the Korean law of succession from comparative perspective. Here its structure and features are presented in relation to, or in contrast with, other major jurisdictions. The discussed subjects are, among others, range and order of heirs, right of the deceased's spouse, relationship between heirs, liability for obligations of the inheritance, due forms of testament, problems of dispositions mortis causa and forced heirship. With these analyses it is submitted that the Korean succession law is a result of the lawgiver's comparative works, although its main structure apparently goes back to the French law. It can be explained by the fact that the lawgiver received many French institutions reflected in the revised Japanese succession law. In his conclusion the author suggests the more thorough academic researches of the French law as preparatory works for interpreting and reforming the fifth book of the Korean Civil Code.