친족상속법

1 장 서 론
Ⅰ. 친족상속법의 의의 ······························································································· 1
Ⅱ. 친족상속법의 특질 ······························································································· 3
1. 비타산성(非打算性)?비합리성(非合理性) / 4
2. 강행법규성 / 4 3. 보수성(保守性) / 4
Ⅲ. 친족상속법의 법원(法源) ····················································································· 4
1. 서　　설 / 4 2. 성문 친족상속법 / 5
3. 가사소송법 등이 법원인지 여부 / 5
Ⅳ. 「가족관계의 등록 등에 관한 법률」과 가사소송법 ··············································· 5
1. 「가족관계의 등록 등에 관한 법률」 / 5 2. 가사소송법 / 13
Ⅴ. 민법 친족편?상속편의 개정과 그 내용 ·······························································17
1. 민법 친족편?상속편의 개정 / 17 2. 민법 친족편?상속편의 내용 / 20
Ⅵ. 친족상속법상의 권리와 법률행위 ········································································21
1. 친족상속법상의 권리 / 21 2. 친족상속법상의 행위 / 21
Ⅶ. 친족상속법과 민법총칙 ·······················································································22

제 2 장 친 족 법
제 1 절 혼　　인 ·····································································································23
Ⅰ. 약　　혼 ·············································································································23
1. 약혼의 의의 / 23 2. 약혼의 성립 / 23
3. 약혼의 효과 / 25 4. 약혼의 해제 / 26
Ⅱ. 혼인의 성립 ·········································································································30
1. 혼인의 의의 / 30 2. 혼인의 성립요건 / 31
3. 혼인의 장애사유 / 37
Ⅲ. 혼인의 무효와 취소 ·····························································································40
1. 서　　설 / 40 2. 혼인의 무효 / 40 3. 혼인의 취소 / 48
Ⅳ. 혼인의 효과 ·········································································································55
1. 일반적 효과 / 55 2. 재산적 효과(부부재산제) / 60
Ⅴ. 이 혼 ·············································································································71
1. 혼인의 해소 일반론 / 71 2. 협의이혼 / 73
3. 재판상 이혼 / 82 4. 이혼의 효과 / 93
Ⅵ. 사 실 혼 ·············································································································134
1. 의 의 / 134 2. 성립요건 / 134 3. 사실혼의 효과 / 135
4. 사실혼의 해소 / 137 5. 사실상혼인관계 존재 확인청구 / 140
제 2 절 부모와 자 ··································································································143
Ⅰ. 친자관계 ············································································································143
1. 친자관계의 의의 및 종류 / 143 2. 친자의 성(姓) / 143
Ⅱ. 친생자(親生子)··································································································146
1. 혼인 중의 출생자 / 146 2. 혼인 외의 출생자 / 158
3. 친생자관계 존부(存否) 확인의 소 / 172
4. 인공수정자?체외수정자?대리모출산 / 180
Ⅲ. 양　　자 ···········································································································185
1. 서　　설 / 185 2. 입양의 성립 / 189 3. 입양의 무효와 취소 / 200
4. 입양의 효과 / 206 5. 파　　양 / 207 6. 친양자(親養子) / 214
제 3 절 친　　권 ···································································································221
Ⅰ. 서　　설 ···········································································································221
Ⅱ. 친 권 자 ·············································································································222
1. 혼인 중의 출생자의 경우 / 222 2. 혼인 외의 출생자의 경우 / 225
3. 양자의 경우 / 225 4. 부모의 이혼 등의 경우 / 226
5. 친권자의 변경 / 227 6. 정해진 친권자가 없게 된 경우 / 227
7. 친권행사능력 / 229 8. 친권행사와 친권자지정의 기준 / 230
Ⅲ. 친권의 내용 ·······································································································230
1. 자(子)의 신분에 관한 권리?의무 / 230
2. 자(子)의 재산에 관한 권리?의무 / 232
3. 친권자의 동의를 갈음하는 재판 / 243
Ⅳ. 친권의 소멸?정지?제한과 회복 ·······································································244
1. 친권의 소멸 / 244 2. 친권의 상실 / 244
3. 친권의 일시정지 / 248 4. 친권의 일부제한 / 249
5. 대리권과 재산관리권의 상실 / 251 6. 사전처분 / 252
7. 실권회복 / 252 8. 대리권?재산관리권의 사퇴와 회복 / 253
9. 정해진 친권자가 친권을 행사할 수 없게 된 경우 / 253
제 4 절 후　　견 ···································································································254
Ⅰ. 서　　설 ···········································································································254
Ⅱ. 미성년후견과 성년후견 ·····················································································255
1. 후견의 개시 / 255 2. 후 견 인 / 258
3. 후견감독기관 / 262 4. 후견사무 / 266 5. 후견의 종료 / 275
Ⅲ. 한정후견과 특정후견 ·························································································276
1. 한정후견 / 276 2. 특정후견 / 280
Ⅳ. 후견계약(임의후견제도) ···················································································283
1. 후견계약의 의의?법적 성질?공시 / 283
2. 후견계약의 성립과 내용 / 283
3. 임의후견감독인 / 285 4. 후견계약의 해지 / 287
5. 임의후견과 법정후견 사이의 관계(법정후견의 보충성) / 288
제 5 절 부　　양 ···································································································288
Ⅰ. 서　　설 ···········································································································289
1. 부양제도 / 289 2. 부양청구권의 성질 / 290
Ⅱ. 부양당사자 ········································································································291
1. 부양당사자의 범위 / 291 2. 부양당사자의 순위 / 292
Ⅲ. 부양의 정도와 방법 ···························································································293
Ⅳ. 과거의 부양료?체당부양료(替當扶養料) ·························································295
1. 과거의 부양료 / 295 2. 체당부양료의 구상(求償) / 296
제 6 절 친족관계 ····································································································298
Ⅰ. 서　　설 ···········································································································298
Ⅱ. 친계와 촌수 ·······································································································298
1. 친　　계 / 298 2. 촌　　수 / 300
Ⅲ. 친족의 의의 및 종류 ··························································································301
1. 혈　　족 / 301 2. 인　　척 / 303 3. 배 우 자 / 303
Ⅳ. 친족의 범위 ·······································································································304
Ⅴ. 친족관계의 효과 ································································································304
1. 민법상의 효과 / 304 2. 형법상의 효과 / 306
3. 소송법상의 효과 / 306 4. 기타 법상의 효과 / 306
Ⅵ. 호주제도의 폐지와 가족의 범위규정 신설 ·························································307
1. 호주제도의 폐지 / 307 2. 가족의 범위 신설 / 307

제 3 장 상 속 법
제 1 절 서　　설 ···································································································311
Ⅰ. 상속 및 상속권의 의의 ······················································································311
1. 상속의 의의 / 311 2. 상속권의 의의 / 311
Ⅱ. 상속의 유형 ·······································································································312
1. 제사상속?호주상속?재산상속 / 312
2. 생전상속(生前相續)?사후상속(死後相續) / 312
3. 법정상속?유언상속 / 312 4. 단독상속?공동상속 / 313
5. 강제상속?임의상속 / 313 6. 균분상속?불균분상속 / 313
Ⅲ. 상속의 근거 ·······································································································313
제 2 절 상　　속 ···································································································314
제 1 관 상속의 개시 ······························································································· 314
Ⅰ. 상속개시의 원인 ································································································314
1. 상속개시의 의의 / 314 2. 상속개시의 원인 / 314
Ⅱ. 상속개시의 시기 ································································································315
1. 서　　설 / 315 2. 구체적인 시기 / 315
Ⅲ. 상속개시의 장소 ································································································318
Ⅳ. 상속에 관한 비용 ·······························································································319
제 2 관 상 속 인 ····································································································· 320
Ⅰ. 상속인의 자격 ···································································································320
1. 상속능력 / 320 2. 상속결격 / 321
Ⅱ. 상속인의 순위 ···································································································328
1. 서　　설 / 328 2. 혈족상속인 / 329 3. 배우자상속인 / 332
Ⅲ. 대습상속 ············································································································333
1. 의의 및 성질 / 333 2. 요　　건 / 334
3. 재(再)대습상속 / 336 4. 대습상속의 효과 / 337
제 3 관 상속의 효력 ······························································································· 337
Ⅰ. 일반적 효과 ·······································································································337
1. 상속재산의 포괄승계의 원칙 / 337
2. 상속재산의 범위 / 338 3. 제사용 재산의 특별승계 / 345
Ⅱ. 상속분(相續分)··································································································349
1. 서　　설 / 349 2. 법정상속분 / 350
3. 특별수익자의 상속분 / 351 4. 기여분(寄與分) / 357
5. 상속분의 양도와 환수 / 367
Ⅲ. 공동상속재산의 공동소유 ··················································································370
1. 공동상속의 의의 / 370 2. 제1006조의 「공유」의 의미 / 370
3. 공동상속의 구체적인 경우 / 371 4. 공동상속재산의 관리?처분 / 373
Ⅳ. 상속재산의 분할 ································································································375
1. 서　　설 / 375 2. 지정분할 / 376 3. 협의분할 / 377
4. 심판분할 / 383 5. 상속재산 분할의 효력 / 3388
Ⅴ. 상속회복청구권 ·································································································395
1. 의　　의 / 394 2. 법적 성질 / 395 3. 당 사 자 / 397
4. 상속회복청구권의 행사 / 402 5. 상속회복청구권의 소멸 / 403
제 4 관 상속의 승인과 포기 ··················································································· 406
Ⅰ. 서　　설 ···········································································································406
1. 상속의 승인?포기의 자유 / 406
2. 승인?포기행위의 성질 / 407 3. 승인?포기의 고려기간 / 408
4. 승인?포기의 철회금지와 취소?무효 / 411
5. 승인?포기 전의 상속재산의 관리 / 413
Ⅱ. 단순승인 ············································································································414
1. 단순승인의 의의 / 414 2. 법정 단순승인 / 414
3. 단순승인의 효과 / 419
Ⅲ. 한정승인 ············································································································420
1. 서　　설 / 420 2. 한정승인의 효과 / 422
Ⅳ. 상속의 포기 ·······································································································427
1. 서　　설 / 427 2. 상속포기의 효과 / 428
제 5 관 재산의 분리 ······························································································· 432
Ⅰ. 서　　설 ···········································································································432
1. 의　　의 / 432 2. 다른 제도와의 관계 / 433
3. 재산분리의 절차 / 434
Ⅱ. 재산분리의 효력 ································································································435
1. 고유재산과의 분리 / 435 2. 상속재산의 관리 / 435
3. 재산분리의 대항요건 / 435 4. 청　　산 / 435
5. 고유재산으로부터의 변제 / 436
제 6 관 상속인의 부존재 ························································································ 436
Ⅰ. 서　　설 ···········································································································436
1. 의　　의 / 436 2. 「상속인의 부존재」의 경우 / 437
Ⅱ. 상속재산의 관리?청산과 상속인의 수색 ··························································437
1. 상속재산의 관리 / 437 2. 상속재산의 청산 / 438
3. 상속인의 수색 / 439
Ⅲ. 특별연고자(特別緣故者)에 대한 재산분여(財産分與) ······································439
1. 제도의 취지 / 439 2. 특별연고자의 지위 / 439
3. 특별연고자의 범위 / 440 4. 재산분여의 절차 / 440
5. 분여의 대상 / 441
Ⅳ. 상속재산의 국가귀속 ·························································································441
제 3 절 유　　언 ···································································································442
Ⅰ. 서　　설 ···········································································································442
1. 유언의 의의 및 법적 성질 / 442 2. 유언과 법정상속의 관계 / 443
3. 유언능력 / 444
Ⅱ. 유언의 방식 ·······································································································445
1. 서　　설 / 445 2. 자필증서에 의한 유언 / 448
3. 녹음에 의한 유언 / 452 4. 공정증서에 의한 유언 / 453
5. 비밀증서에 의한 유언 / 454 6. 구수증서에 의한 유언 / 455
Ⅲ. 유언의 철회 ·······································································································457
1. 유언철회의 자유 / 457 2. 유언철회의 방식 / 458
3. 철회의 효과 / 459
Ⅳ. 유언의 효력 ·······································································································461
1. 유언의 일반적 효력 / 461 2. 유　　증 / 463
Ⅴ. 유언의 집행 ·······································································································473
1. 의　　의 / 473 2. 유언집행의 준비절차(개봉과 검인) / 473
3. 유언집행자 / 474
제 4 절 유 류 분 ·····································································································481
Ⅰ. 서　　설 ···········································································································481
1. 의　　의 / 481 2. 유류분권과 그 포기 / 482
Ⅱ. 유류분의 범위 ···································································································483
1. 유류분권자와 그의 유류분 / 483 2. 유류분액의 산정 / 484
Ⅲ. 유류분의 보전(保全) ·························································································490
1. 유류분반환청구권 / 490 2. 유류분반환청구권의 행사 / 495
3. 반환청구권의 소멸시효 / 503
민법규정 색인 ······················································································································505
판례 색인 ······························································································································511
사항 색인 ······························································································································523