被代襲者의 配偶者의 代襲相續에 관한 硏究

A Study on the Succession in Stirps of Spouse Nowadays the Succession in Stirps is generally approved in most countries and it occurs almost a lineal descendant or a brother or sister who would become an inheritor has died or has become disqualified before the commencement of succession. But for a longtime in social environment of each country, the forms of succession in stirps are differed individually. According to civil code article 1003 ②, the spouse of the deceased or the disqualified person would become successor in stirps. This is a very peculiar institution and Korea is only country to admit this institution. We look around a concrete article below. * Article 1001(Succession in Stirps) Where a lineal descendant or a brother or sister who would become an inheritor in accordance with the provisions of Article 1000 ① 1 and 3, has died, or has become disqualified before the Commencement of Succession, his or her lineal descendants, if any exist, shall become inheritors in the order in which the deceased or disqualified person would have become the inheritor. * Article 1003(Order Succession of Spouse) ② In the case mentioned in Article 1001, the spouse of the deceased or the disqualified person. before the Commencement of Succession, becomes a co-inheritor in the same order as the inheritors provided in the same Article. If there exist no inheritor, the Spouse becomes the sole inheritor. At this point in time, the Succession in Stirps of Spouse has many problems. To become for the a successor in stirps, it is necessary to restrict plans. In other word the spouse have to the relation by marriage to an inheritee and would have to support an inheritee when he or she is lifetime. And in order to solve actively such problems, it is necessary to study more about the Succession in Stirps of Spouse.