相續의 承認과 抛棄에 대한 立法論的 硏究

Legislative Study on the Renunciation and Acceptance of Succession

This Study is to propose the legislation on the renunciation and acceptance of succession, especially when financial liability exceeds the inherited property. It is stipulated in the article 1019 paragraph 1 of Korean succession law that successors could considerate within 3 months after the decedent s death, whether he/she will renunciate or accept the succession limitly. However, when the short period passes, it is regarded as the successors accept the inheritance according to the article 1026 no. 2. Therefore, the law is favorable for the creditor than the successors. The article 1026 no. 2 was given decision by the Constitution Court in 1998, as which the article violated the equal right in the Constitution Law. It was amended that the successors who became to know about the liability included in the inherited property can limit the acceptance of inheritage within 3 months after when the successors know about the liability by the article 1019 paragraph 3 which was established newly in the year of 2002. Nevertheless, the reform law has another problem on the creditor s right this time. This study proposed to adopt the limited acceptance of inheritage as a principle after the consideration period passed, as a result of the comparative study on the German, French and English succession Law.