상속결격제도에 관한 연구 - 2012년 12월 10일 및 2022년 1월 19일 벨기에상속법 개정을 중심으로 -

The origin of the Belgian Civil Code is the French Civil Code called Napoleonic Civil Code. Since the Belgian Civil Code was enacted in 1804, it has been amended 35 times. Although the revision of the Belgian inheritance law on December 10, 2012 showed differences in the reasons for disqualification, in a fundamental aspect, it can still be seen that it was influenced by the revision of the inheritance disqualification through the law on December 3, 2001 law of France. The first influence can be found in the purpose of the revision. “Realization”, one of the legislative purposes of the amendment to the Belgian inheritance law on December 10, 2012, is one of the purposes of the amendment to the French inheritance law on December 10, 2001. It can be seen that there is a similar aspect to “recovery of efficiency”. The second influence can be found in the nature of the reasons for disqualification from inheritance and the classification of procedures. According to Article 727, Paragraph 1, Item 1 of the Belgian Civil Code, inheritance disqualification is established only with a conviction for murder or attempted murder, rather, the procedure is divided so that a judgment of conviction and a separate judgment of disqualification are required for Item 3 of the same article, which is a minor offense. The third influence is the provision of forgiveness for those who are disqualified from inheritance. Article 728 of the Belgian Civil Code allows the decedent to forgive the heir who is the main culprit, joint principal, or accomplice in the crimes stipulated in Article 727, Paragraph 1, Item 3 of the same Act, so disqualification from inheritance can be excluded. Article 728 of the French Civil Code also excludes disqualification from inheritance through the forgiveness of disqualified persons as stipulated in Articles 726 and 727 of the same Act.