영미 상속법상 부동산과 동산의 구별 : 연혁과 현황을 중심으로

In the Anglo-American inheritance law, real property and personal property were regulated in different systems according to their historical backgrounds, but are now regulated within a single system. In this regard, it may be said that the traditional method of categorizing personal property and real estate and governing them differentially has disappeared. However, it is difficult to say that the significance has completely faded due to the nature of the object. In England, not only the inheritance for all personal property of heritage regardless of type to the spouse of the heir is recognized, but also certain amount of cash is preferentially acquired in the form of legal legacy. It can be seen that in England and the United States, residential house, bank account, investment assets such as stocks among inherited property compose a meaningful category, replacing the traditional method of distinguishing between personal property and real estate. This means that there is no longer specific importance on real estate, except for residential housing as a means of maintaining sustainable daily life. It can be said that it clearly shows the modern trend in which value factors are gradually gaining an upper hand over material factors.