상속회복청구권 제도 개선방안

This article aims to explore ways to improve the system of a Claim for Recovery of Inheritance. In conclusion, considering the special nature of inheritance rights that are subject to inheritance recovery claims, it is reasonable to establish separate provisions for inheritance recovery claims. In doing so, we sought to strike a balance between protecting the legitimate heirs and ensuring transaction safety. The specific contents are as follows. First, it is advisable to adopt the comprehensive enforcement authority system of Switzerland or the information disclosure claim system of Germany. Second, the exercise period should be abolished. The reason is that the exercise period for the right to claim inheritance recovery is insufficient for the prompt determination of legal relationships related to inheritance and cannot serve as an appropriate tool from the perspective of transaction safety. In addition, there is no need to separately stipulate provisions that exclude acquisitive prescription. Third, provisions protecting bona fide third parties should be established to protect transaction safety. Fourth, the specific content of the right to recover inheritance should be clearly defined. In particular, the right to claim benefits from negligence should not be recognized for fraudulent heirs. Additionally, the right to claim the return of the Substitute Property should be recognized, and separate provisions for reimbursement of costs should be established. Fifth, provisions similar to those in Section 2029 of the German Civil Code should be established to resolve legal relationships surrounding the infringement of inheritance rights through the right to claim recovery of inheritance in a unified manner.