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18.97.14.91
18.97.14.91
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개정한정승인제도에 관한 소고
A Thought on the Problems of the amended Qualified Acceptance
김유미 ( Yoo Mee Kim )
아세아여성법학 vol. 6 105-120(16pages)
UCI I410-ECN-0102-2014-300-001752161

In 1998 the Constitutional Court concluded that § 1026 ② of korean civil law was not coincident to the coincidetutional law of korea and ordered co amend the article, after chat there was an amendent of § 1019 ③, § 1026 ②and transitional provision which limited the application of the retroactive effect of § 1019 ③. This paper is to point out some problems of the new articles on the qualified acceprance. I have some conclusions as follows; first the revised bill of the government on the § 1034, § 1038 is not necessary, second § 1024 ②must be amended so that the successor can revoke his qualified acceptance for ten years from the opening of succession. Third the retroactive effect of § 10(9 ③ must not be limited, instead there muse be a period to exclude the qualified acceptance for ten years from the opening of succession.

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