예금주가 사망한 경우 상속예금에 대한 법률관계-공동상속인 1인이 자기 법정상속지분만큼 단독청구할 수 있는지 여부- (The Legal Relationship about the Deposit Bequeathed When Account Holder Died - Whether One of Coinheritor may Individually Acquire Statutory Inheritance of his or her Share -)

서지정보

· 발행기관 : 한국금융법학회
· 수록지 정보 : 금융법연구 / 9권 / 2호 / 387 ~ 418페이지
· 저자명 : 김현선

초록

Currently, financial institution requires entire identifiable heirs should be made a claim about the deposit bequeathed when account holder died in case one of coheirs seeks a payment. At this time the financial institution's general practice is not accept the single claim without payment consent from other coheirs. There is a question whether this kind of reject the payment claim by the putting one coheir's. Because savings deposit will be succeeded separately by the share to heirs at the time bequeath started and each heirs is expects that they can be succeeded their share amount individually others with its own share. The transfer of the rights and obligation by the inheritance succeeded to the heirs at the same time the death of the predecessor and decided by the division of the estate of inheritance. However, the issue arises when the estate is not divided. To solve this issue, someone have nothing to do but set the reversion of the inheritance estate until the estate is divided from the commencement of inheritance.
Korean Civil Code provided that the predecessor's rights and obligation shall be succeeded by the heritance share of the heirs (Civil Code Art. 1007), the estate must be subject to the common to the heirs until division (Civil Code Art. 1006). In addition, divisible claim within the joint estate inheritance, especially in the case of monetary claim, there is big difference between the theory of tenancy and common share regarding how the estate shall be reversed, and the academic perspectives also conflicts within the former dogma. Moreover, court holding is inconsistent in its ruling and judgment.
Consequently, in this article I proposed how the financial institutions may escape their liability of default on the obligation of the return the deposit (estate inheritance) when the deposit bequeathed to coheirs while account holder died and one of coheirs seek a payment with statutory inheritance share.

영어초록

Currently, financial institution requires entire identifiable heirs should be made a claim about the deposit bequeathed when account holder died in case one of coheirs seeks a payment. At this time the financial institution's general practice is not accept the single claim without payment consent from other coheirs. There is a question whether this kind of reject the payment claim by the putting one coheir's. Because savings deposit will be succeeded separately by the share to heirs at the time bequeath started and each heirs is expects that they can be succeeded their share amount individually others with its own share. The transfer of the rights and obligation by the inheritance succeeded to the heirs at the same time the death of the predecessor and decided by the division of the estate of inheritance. However, the issue arises when the estate is not divided. To solve this issue, someone have nothing to do but set the reversion of the inheritance estate until the estate is divided from the commencement of inheritance.
Korean Civil Code provided that the predecessor's rights and obligation shall be succeeded by the heritance share of the heirs (Civil Code Art. 1007), the estate must be subject to the common to the heirs until division (Civil Code Art. 1006). In addition, divisible claim within the joint estate inheritance, especially in the case of monetary claim, there is big difference between the theory of tenancy and common share regarding how the estate shall be reversed, and the academic perspectives also conflicts within the former dogma. Moreover, court holding is inconsistent in its ruling and judgment.
Consequently, in this article I proposed how the financial institutions may escape their liability of default on the obligation of the return the deposit (estate inheritance) when the deposit bequeathed to coheirs while account holder died and one of coheirs seek a payment with statutory inheritance share.

참고자료

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