상속회복청구에서 대상재산 반환청구의 비교법적 검토

If the inheritance of an inherited person is violated by the inheritor’s death, the true heir may exercise the right to claim the inheritance. When a fake(fraud) inheritor transfers an inherited property to a third party or the inherited property is forced out of property, the successor has no civil law provisions for the object such as(money or compensation), but admits theories and precedents. Under Roman law, an object of inheritance may also be claimed for return. Germany recognizes the inherited property as a special property and applies the law of physical substitution to the true heir. In Switzerland and France, theoretically, the recognition of the request for restoration of the inherited property is prevailing. In Japan, the inheritance property is special property, so the objection recovery request is also acknowledged. Therefore, if the target property is included in the scope of claim for inheritance recovery, the right of true heirs can be protected more faithfully. However, even if this is derived through the interpretation of civil law, it is necessary to present legislative measures in consideration of the specificity of inherited property and the necessity of policy.