‘상속법 개정을 위한 전문가 설문조사’를 통해 살펴본 상속재산의 범위 규정의 개선방안

A Study on the Improvement of the Regulations on the Scope of Inheritance Property through the Expert Survey for the Revision of Inheritance Law

The discussion of this article is summarized as focusing on the parts that need to be revised as follows. First, since Article 1008-3 on the special succession of ritual property does not currently fulfill the normative purpose, it is legislatively reasonable to delete it and include ritual property in general inherited property so that it is inherited equally. Second, Article 806 (3) is a regulation that confused a right which is strictly personal to the obligor in terms of possession, with a right which is strictly personal to the obligor in terms of exercise, so it is reasonable to delete it legislatively. Third, regarding the protection of the personal rights of the deceased, it is desirable to establish a prestigious regulation while newly establishing the personal rights regulation in the general rule section. Fourth, it is reasonable not to introduce the inheritance right of the de facto marriage spouse, and neither to introduce the right to claim the division of property when dissolving a de facto marriage relationship after death, nor to introduce the right to claim the division of property when dissolving a legal marriage relationship after death. Rather, it is necessary to change the precedent that recognizes the right to claim the division of property when dissolving a de facto marriage relationship during the lifetime.