research on succession law in 'distant family relations' society

2016 Fiscal Year Final Research Report

• Project/Area Number: 25870979
• Research Category: Grant-in-Aid for Young Scientists (B)
• Allocation Type: Multi-year Fund
• Research Field: Civil law; Fundamental law
• Research Institution: Osaka University (2016); Hiroshima Shudo University (2013-2015)
• Principal Investigator: Aotake Mika 大阪大学, 高等司法研究科, 准教授 (50380142)
• Project Period (FY): 2013-04-01 – 2017-03-31
• Keywords: 相続法 / 遺留分 / 内縁配偶者の相続 / 相続人の廃除 / 無縁社会と相続

Outline of Final Research Achievements

The relationship between family members are diversifying in today’s society,therefore the number of cases is increasing, in which a legal successor, seems not to be the richt person to succeed the estate of his ancestor ,and not legal successor seems to be richt person to succeed the estate, because not legal successor sometimes contribute to ancestor by for example care of ancestor. Resercher focused on these cases and pursued the possibility to make succession law correspond to diversifying family. As a result of the pursuit, 3 suggestions were given. 1-restrictive interpretation of article 1030 of the Civil code (a legal portion of an heir),2-reconsideration of the meaning of article 892, 893 of the Civil code (the system ,that excludes legal successor from succession ),and 3- support of legal position for de facto marriage in case of succession.

Free Research Field

相続法