Departmental Bulletin Paper フランス法における遺産管理と「遺産」概念
Administration and Concept of “Inherited Property” in France

宮本, 誠子

68 ( 2 )  , pp.5 - 24 , 2017-04-10 , 東京大学社会科学研究所
French law has provisions concerning administration of inherited property. These provisions stipulate that joint heirs should manage or dispose inherited property under certain conditions, and that not only fruits and revenues of undivided assets but also claims and indemnities which replace undivided assets become part of inherited property. Moreover, they permit administrator heir to pay administrative expense out of inherited property, and they permit joint heirs to liquidate inherited duties through inherited property. These provisions and their analysis show that inherited property is seen as “masse successoral” in French law, and that rights and obligations of each heir are always perceived through inherited property. This perspective might help prevention of dispute of joint heirs.
特集 家族・財産・法

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