在日韓國人의 상속을 둘러싼 준거법 결정에 관한 諸問題－東京地判 2016. 10. 26. 平28(ワ)5502號에 대한 비판적 연구－

Since there is a foreign element in the subject matter of the ruling, the governing law should be determined by applying the Japanese private international law. But the subject ruling applied the Japanese law to the whole case, noting that there was no dispute between the parties that the designation of governing law on inheritance was based on the will of the inheritee. However, it is unfair to affirm the validity of the designation of governing law simply because of the fact that there was no contention between the parties on the designation of the governing law, without mentioning the application of the private international law. Furthermore, the governing law concerning whether or not the ownership of the property in this case was in A or X, and whether there was a consignment contract for the sale of the property between X and A, must be determined independently with the issue of the inheritance of A. It is therefore unfair that the subject ruling did not determine the governing law to be applied to each of these legal matters, but presupposed that Japanese law was applied throughout the case on the grounds of A’s designation of the governing law on inheritance.