The Right to Regain the Legally Reserved Portion and Analogy Apply of Civil Code 158, paragraph 1
中山, 実郎 ,
ナカヤマ, ジツロウNakayama, Jitsuro
国際研究論叢 : 大阪国際大学紀要 = OIU journal of international studies
20 , 2016-03-31
A testator can freely leave his property as an inheritance using a will, but regardless of the contents of that will, certain heirs have a right to receive part of the estate. For example, even if a parent’s will were to state : “To my son I leave no inheritance whatsoever,” the son will still be able to inherit a part of the estate. This system is termed the the legally secured portion. However, if the inheritor is to regain their legally secured portion, it must be claimed within a legally specified period. This system has been criticized by many lawyers as disadvantageous to the elderly and those suffering from serious diseases and the like. Recently the Supreme Court issued its first ruling on the right to regain the legally secured portions and stop the expiry of this right. Because of a strong interest in this ruling, I studied relevant past judgements and theories.