한정승인에 있어 한정승인자의 상속재산 처분과 상속채권자 보호 - 대법원 2010.3.18. 선고 2007다77781 전원합의체 판결 -

Inheritance disposition of the qualified acceptor and protection of the creditor of inheritee -Supreme Court Decision 2007DA77781 Delivered on March 18, 2010-

The qualified acceptance system is intended to prevent falling into ruin by for the heirs inheriting the debts of the inheritee, only by defining the chargeable properties for the creditor of inheritee to the only inheritance. The majority opinion of this decision is that because there is no system of public announcement about the qualified acceptance, and there is no regulations that restrict the qualified acceptor to dispose inheritance, and there is no provision to recognize the right to preferential payment of the creditors of inheritee on inheritance, those who set up a mortgage from a heir have priority. However, the majority opinion has a problem. The qualified acceptance system is that it separates only inheritance from inheritor's property so that it makes only inheritance the chargeable properties for the creditor of inheritee. Therefore, it is consistent with the nature of the scheme for an inheritance to recognize the priority of the creditor of inheritee. This article points out the problems and to propose a new alternative, it will research the French Civil Code. In France Civil Code, the qualified acceptance is provided with a variety of institutions to protect the creditor of inheritee. In particular, there were amendments to this section in the 2006 French inheritance law amendments. Specifically, in 2006 France amended succession law, there was an amendment for this part. In detail, the qualified acceptance announcement system, objection rights of the creditor of inheritee, the priority of the creditor of inheritee for inheritance. This article will provide an alternative for solving the problems of our Civil Code after in-depth study of the French qualified acceptance system to protect the creditor of inheritee.