福祉型信託 導入을 통한 民事信託의 活性化 - 受益者連續信託을 中心으로 - (The revitalization of the Civil Trust through the introduction of welfare type trust - With a Particular Emphasis on the trust for beneficiary in succession -)

서지정보

· 발행기관 : 한국재산법학회
· 수록지 정보 : 재산법연구 / 27권 / 1호 / 1 ~ 26페이지
· 저자명 : 최현태

초록

The Ministry of Justice has prepared an entire amendment of the Trust Act in recent years. Even though the Trust Act was enacted in 1961 and revised somewhat since then, it has been applied infrequently. One of the biggest reasons why the Act has been rarely used would be the rigid rules incompatible with our reality. For this reason jurists and academia call for the amendment of the Trust Act from early.
In the draft of the Act, it includes a concept of innovative system for invigoration of the Civil Trust. Articles 59 and 60 of the draft are the one reflected to the above concept and provide the Trust instead of a testament and the trust for beneficiary in succession, respectively. This paper, however, points out the subject matter of the latter, the trust for beneficiary in succession, in particular. The trust for beneficiary in succession defines a system that the next beneficiary acquires the right of the previous beneficiary, after the previous beneficiary dies. In this paper a relation with the civilly inheritance system in the trust for beneficiary in succession and a suitability are judged in particular. It is criticized as being not logically correct with the civil law and the fundamental of the law of inheritance, which benefit is allowed by the trust for beneficiary in succession. For Application of the trust for beneficiary in succession without a problem with the fundamental of the law of inheritance a construction of this Act is examined thoroughly.

영어초록

The Ministry of Justice has prepared an entire amendment of the Trust Act in recent years. Even though the Trust Act was enacted in 1961 and revised somewhat since then, it has been applied infrequently. One of the biggest reasons why the Act has been rarely used would be the rigid rules incompatible with our reality. For this reason jurists and academia call for the amendment of the Trust Act from early.
In the draft of the Act, it includes a concept of innovative system for invigoration of the Civil Trust. Articles 59 and 60 of the draft are the one reflected to the above concept and provide the Trust instead of a testament and the trust for beneficiary in succession, respectively. This paper, however, points out the subject matter of the latter, the trust for beneficiary in succession, in particular. The trust for beneficiary in succession defines a system that the next beneficiary acquires the right of the previous beneficiary, after the previous beneficiary dies. In this paper a relation with the civilly inheritance system in the trust for beneficiary in succession and a suitability are judged in particular. It is criticized as being not logically correct with the civil law and the fundamental of the law of inheritance, which benefit is allowed by the trust for beneficiary in succession. For Application of the trust for beneficiary in succession without a problem with the fundamental of the law of inheritance a construction of this Act is examined thoroughly.

참고자료

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