2006 Fiscal Year Final Research Report Summary
Contractual translation from future inheritee to heirs and law of succession
| Project/Area Number |
16530048
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
Civil law
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| Research Institution | Hokkaido University |
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Principal Investigator |
FUJIWARA Masanori Hokkaido Univ., Grad. School of Law, Prof., 大学院法学研究科, 教授 (70190105)
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| Project Period (FY) |
2004 – 2006
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| Keywords | law of succession / succession of corporation / will contract / Precedent / Subsequent succession / revocable trust / succession tax / insurance / social security |
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| Research Abstract |
The aim of this research lies in investigating the various possibilities or ways to translate a mount of estate form inheritee to heirs in the recent aging (or aged) society. We have chosen as our main object of the research some law-institutions in German law. For German law does not know trust and to compensate this defect of law system he uses some contractual means to translate estate from the aged generation to the future inheritors.
1.The main subject of the research consists of three parts.
(1)Succession of Enterprises: The succession of enterprise plays a very important roll in. our industry society. For it concerns not only the succession of the family-estate but also with the employment of the area of this enterprise. If the many heirs claim their share, the enterprise will be divided into many parts, which does not function as a economical unit. To prevent such misery German law developed some means.
(2)Some contractual means to translate (mainly family-) estate: In this area G
… More
erman law has many possibilities. For example will-contract, Precedent /Subsequent succession, contract of succession and so on. Especially plays Arrangements inter vivo a great roll in recent days. Because from this way heirs can be relieved, if they give their inheritee some services as an equivalent of estate given from the aging parents.
(3)The aims of this development in the aging (aged) society: to secure the support of long-living partner, changed meaning of support of heirs for the age of succession is also aged in the recent aging (aged) society, exchange-system between future-inheritees and future-heirs.
In addition to three points mentioned above we must say; to translate the main part of the estate in the living time of future inheritees could harm the interest of other heirs and the creditor of inheritees. Because it means, the great part of estate can fall out of inheritance.
2.Some conclusions of this research
(1)We have from long time a institution trust like in Anglo-American law. But in our society we could use this way in a very narrow area. And we do not have law-institution such as will contract and precedent/subsequent succession like in German law. This defect must be compensated whether by trust or by legislative ways in succession law.
(2)In addition to this problem mentioned above it is very difficult in our tax-system, to translate estate in the time, when the translator is alive.
As consequence we could say, our system of succession has many defects especially facing the aging society in recent days. Less
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[Journal Article] Recent 30 Years Law-Reform-Discussion about Statutory Share in German Law (1)(2)(3)(4)(5)2005
Author(s)
FUJIWARA, Masanori
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Journal Title
The Hokkaido Law Review Vol.55, No.3Vol.55, No.4,Vol.55, No.5Vol.55, No.6Vol.56, No.2,
Pages: 73-124, 123-174,35-92;, 121-166, 51-102
Description
「研究成果報告書概要(欧文)」より
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