특정승계(特定承繼)

Specific Succession in Action

Succession in action means that with some reason all the status of the original party is succeeded to the successor so that the party should be substituted. Under the Korean law on succession, there are two kinds of succession in action. One is general succession, which arises naturally in case of death, merger of corporation, disqualification of selected parties, and bankruptcy. The other is specific succession, which arises upon the motion in case of specific transfer of interest. Succession in pending action always needs substitution of parties. But in some other law the original party can continue the action without substitution and the court decision has the same effect on the successor. This might be sometimes convenient for the opposite party when he does not know the fact of succession. In Korean court cases, company division and assignment of contracts in financing institutions are kinds of general succession in partial. But in appearance the opposite party can not know easily whether the interest is transferred or not, because the succession is partial. Then these cases should have treated as specific succession in motion, because the court needs to decide in every cases specifically whether there is succession or not. In Korean case on burden of right of way on the road land, the court said that the burden is succeeded to the successor of the land on the ground of appearance of road land. But this is against the registering system of property right. In case of apartment user s management expenses, the court says that the successor of the user should pay the ex-user s common expenses on the ground of co-owner s expenses theory. But this case should have treated by the multi-building theory. Then the management office has to pay the ex-user s expenses. This court decision has arisen so many uncomfortable problems of deciding co-owners expenses in management expenses. In my opinion, to permit specific succession should rely more on the law from where the right is born.