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학술논문민사법학2014.09 발행KCI 피인용 5

판례로 살펴 본 제사용 재산의 승계

A Study on the Inheritance of Property for Ancestor Worship in the View of Cases

안영하(목포대학교)

68권, 309~359쪽

초록

A Study on the Inheritance of Property for Ancestor Worship inthe View of CasesAn, Young haWho is the person who superintends the ancestral rites? What isProperty for Ancestor Worship?For these questions, the Civil Code of Korea has only one article. Article 1008-3 (Inheritance of Graveyards, etc.)The right of ownership in forest land not more than 2.451 acres forgraves and farmland for management of graves less than 1983.48 squaremeters, a genealogy, and ritual implements shall be succeeded to by theperson who superintends the ancestral rites. Today, the responsibility of ancestor worship duty is not considered aslegal duty, but only as moral duty. So, some Questions arises, for example,is it necessary to enforce the moral duty by law?In this paper, I review these points. According to the change of thetime, i interpret the rules of the Inheritance of Property for AncestorWorship to suit the reality. I wish this study is to be helpful to the study of the Inheritance ofProperty for Ancestor Worshipe.

Abstract

A Study on the Inheritance of Property for Ancestor Worship inthe View of CasesAn, Young haWho is the person who superintends the ancestral rites? What isProperty for Ancestor Worship?For these questions, the Civil Code of Korea has only one article. Article 1008-3 (Inheritance of Graveyards, etc.)The right of ownership in forest land not more than 2.451 acres forgraves and farmland for management of graves less than 1983.48 squaremeters, a genealogy, and ritual implements shall be succeeded to by theperson who superintends the ancestral rites. Today, the responsibility of ancestor worship duty is not considered aslegal duty, but only as moral duty. So, some Questions arises, for example,is it necessary to enforce the moral duty by law?In this paper, I review these points. According to the change of thetime, i interpret the rules of the Inheritance of Property for AncestorWorship to suit the reality. I wish this study is to be helpful to the study of the Inheritance ofProperty for Ancestor Worshipe.

발행기관:
한국민사법학회
분류:
법학

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