A certain percentage of the inherited property reserved for a certain heir is called a "legally secured portion" and this is a right that cannot be deprived even by a will of the decedent.
Civil Code Article 1046 [Claim for Infringement Amount of legally secured portion] stipulates that "The holder of the legally reserved part and his successor may demand payment of money equivalent to the amount of infringement of the legally secured portion from the donee or the donee.''
This right is called the “Right to distributive share reducing request”.
Before the amendment, Article 1031 of the Civil Code was [Claim for Abatement of Gift or Testamentary Gift], and was called a "Claim for abatement of legal portion".
In the case of "claims for abatement of legal portion", it was possible to divide the inherited property itself and hand it over, but in the case of "Distributive share reducing request" due to the revision of the Civil Code, only money can be settled.
- Visa08/01/2023Difference between 30 days and 31 days of period of stay in "Designated Activities" for departure preparation
- Visa07/24/2023What is the “special period” in the status of residence?
- Naturalization06/20/2023If you are thinking about applying for Permanent Resident or Naturalization, what kind of Certified Administrative Procedures Legal Specialist should you consult?
- Naturalization06/15/2023Can a person whose status of residence is only permitted for a period of one year be allowed to become naturalized?