2026

친족상속법 (제8판)

목 차

1 장 서 론
Ⅰ. 친족상속법의 의의
Ⅱ. 친족상속법의 특질
1. 비타산성(非打算性) 비합리성(非合理性) / 4
2. 강행법규성 / 4 3. 보수성(保守性) / 4
Ⅲ. 친족상속법의 법원(法源) ····················································································· 4
1. 서설 / 4 2. 성문 친족상속법 / 5 3. 가사소송법 등이 법원인지 여부 / 5
Ⅳ. 「가족관계의 등록 등에 관한 법률」과 가사소송법 ··············································· 5
1. 「가족관계의 등록 등에 관한 법률」 / 5 2. 가사소송법 / 13
Ⅴ. 민법 친족편 상속편의 개정과 그 내용 ·······························································17
1. 민법 친족편 상속편의 개정 / 17 2. 민법 친족편?상속편의 내용 / 20
Ⅵ. 친족상속법상의 권리와 법률행위 ········································································21
1. 친족상속법상의 권리 / 21 2. 친족상속법상의 행위 / 21
Ⅶ. 친족상속법과 민법총칙 ·······················································································22

제 2 장 친 족 법
제 1 절 혼인 ·····································································································23
Ⅰ. 약혼 ·············································································································23
1. 약혼의 의의 2. 약혼의 성립 3. 약혼의 효과 4. 약혼의 해제
Ⅱ. 혼인의 성립 ·········································································································30
1. 혼인의 의의 / 30 2. 혼인의 성립요건 / 313. 혼인의 장애사유 / 37
Ⅲ. 혼인의 무효와 취소 ·····························································································40
1. 서설 / 40 2. 혼인의 무효 / 40 3. 혼인의 취소 / 48
Ⅳ. 혼인의 효과 ·········································································································55
1. 일반적 효과 / 55 2. 재산적 효과(부부재산제) / 60
Ⅴ. 이 혼 ·············································································································71
1. 혼인의 해소 일반론 / 71 2. 협의이혼 3. 재판상 이혼 / 82 4. 이혼의 효과 / 93
Ⅵ. 사 실 혼 ·············································································································134
1. 의 의 / 134 2. 성립요건 / 134 3. 사실혼의 효과 / 135
4. 사실혼의 해소 / 137 5. 사실상혼인관계 존재 확인청구 / 140
제 2 절 부모와 자 ··································································································143
Ⅰ. 친자관계 ············································································································143
Ⅱ. 친생자(親生子)··································································································146
Ⅲ. 양자 ···········································································································185
1. 서설 / 185 2. 입양의 성립 / 189 3. 입양의 무효와 취소 / 200
4. 입양의 효과 / 206 5. 파양 / 207 6. 친양자(親養子) / 214
제 3 절 친권
Ⅰ. 서설 ···········································································································221
Ⅱ. 친 권 자 ·············································································································222
1. 혼인 중의 출생자의 경우 / 222 2. 혼인 외의 출생자의 경우 / 225
3. 양자의 경우 / 225 4. 부모의 이혼 등의 경우 / 226
5. 친권자의 변경 / 227 6. 정해진 친권자가 없게 된 경우 / 227
7. 친권행사능력 / 229 8. 친권행사와 친권자지정의 기준 / 230
Ⅲ. 친권의 내용 ·······································································································230
1. 자(子)의 신분에 관한 권리?의무 / 230
2. 자(子)의 재산에 관한 권리?의무 / 232
3. 친권자의 동의를 갈음하는 재판 / 243
Ⅳ. 친권의 소멸 정지 제한과 회복 ·······································································244
1. 친권의 소멸 / 244 2. 친권의 상실 3. 친권의 일시정지 / 248 4. 친권의 일부제한 / 249
5. 대리권과 재산관리권의 상실 / 251 6. 사전처분 / 252
7. 실권회복 / 252 8. 대리권?재산관리권의 사퇴와 회복 / 253
9. 정해진 친권자가 친권을 행사할 수 없게 된 경우 / 253
제 4 절 후견 ···································································································254
Ⅰ. 서설 ···········································································································254
Ⅱ. 미성년후견과 성년후견 ·····················································································255
1. 후견의 개시 / 255 2. 후 견 인 / 258
3. 후견감독기관 / 262 4. 후견사무 / 266 5. 후견의 종료 / 275
Ⅲ. 한정후견과 특정후견 ·························································································276
1. 한정후견 / 276 2. 특정후견 / 280
Ⅳ. 후견계약(임의후견제도) ···················································································283
1. 후견계약의 의의?법적 성질?공시 / 283
2. 후견계약의 성립과 내용 / 283
3. 임의후견감독인 / 285 4. 후견계약의 해지 / 287
5. 임의후견과 법정후견 사이의 관계(법정후견의 보충성) / 288
제 5 절 부양 ···································································································288
Ⅰ. 서설 ···········································································································289
1. 부양제도 / 289 2. 부양청구권의 성질 / 290
Ⅱ. 부양당사자 ········································································································291
1. 부양당사자의 범위 / 291 2. 부양당사자의 순위 / 292
Ⅲ. 부양의 정도와 방법 ···························································································293
Ⅳ. 과거의 부양료?체당부양료(替當扶養料) ·························································295
1. 과거의 부양료 / 295 2. 체당부양료의 구상(求償) / 296
제 6 절 친족관계 ····································································································298
Ⅰ. 서설 ···········································································································298
Ⅱ. 친계와 촌수 ·······································································································298
1. 친계 / 298 2. 촌수 / 300
Ⅲ. 친족의 의의 및 종류 ··························································································301
1. 혈족 / 301 2. 인척 / 303 3. 배 우 자 / 303
Ⅳ. 친족의 범위 ·······································································································304
Ⅴ. 친족관계의 효과 ································································································304
1. 민법상의 효과 / 304 2. 형법상의 효과 / 306
3. 소송법상의 효과 / 306 4. 기타 법상의 효과 / 306
Ⅵ. 호주제도의 폐지와 가족의 범위규정 신설 ·························································307
1. 호주제도의 폐지 / 307 2. 가족의 범위 신설 / 307

제 3 장 상 속 법
제 1 절 서설 ···································································································311
Ⅰ. 상속 및 상속권의 의의 ······················································································311
1. 상속의 의의 / 311 2. 상속권의 의의 / 311
Ⅱ. 상속의 유형 ·······································································································312
1. 제사상속?호주상속 재산상속 / 312
2. 생전상속(生前相續) 사후상속(死後相續)
3. 법정상속 유언상속 4. 단독상속?공동상속
5. 강제상속 임의상속 6. 균분상속?불균분상속
Ⅲ. 상속의 근거 ·······································································································313
제 2 절 상속 ···································································································314
제 1 관 상속의 개시 ······························································································· 314
Ⅰ. 상속개시의 원인 ································································································314
1. 상속개시의 의의 / 314 2. 상속개시의 원인 / 314
Ⅱ. 상속개시의 시기 ································································································315
1. 서설 / 315 2. 구체적인 시기 / 315
Ⅲ. 상속개시의 장소 ································································································318
Ⅳ. 상속에 관한 비용 ·······························································································319
제 2 관 상 속 인 ····································································································· 320
Ⅰ. 상속인의 자격 ···································································································320
1. 상속능력 / 320 2. 상속결격 / 321
Ⅱ. 상속인의 순위 ···································································································328
1. 서설 / 328 2. 혈족상속인 / 329 3. 배우자상속인 / 332
Ⅲ. 대습상속 ············································································································333
1. 의의 및 성질 / 333 2. 요건 3. 재(再)대습상속 / 336 4. 대습상속의 효과 / 337
제 3 관 상속의 효력 ······························································································· 337
Ⅰ. 일반적 효과 ·······································································································337
1. 상속재산의 포괄승계의 원칙 / 337
2. 상속재산의 범위 / 338 3. 제사용 재산의 특별승계 / 345
Ⅱ. 상속분(相續分)··································································································349
1. 서설 / 349 2. 법정상속분 / 350
3. 특별수익자의 상속분 / 351 4. 기여분(寄與分) / 357
5. 상속분의 양도와 환수 / 367
Ⅲ. 공동상속재산의 공동소유 ··················································································370
1. 공동상속의 의의 / 370 2. 제1006조의 「공유」의 의미 / 370
3. 공동상속의 구체적인 경우 / 371 4. 공동상속재산의 관리?처분 / 373
Ⅳ. 상속재산의 분할 ································································································375
1. 서설 / 375 2. 지정분할 / 376 3. 협의분할 / 377
4. 심판분할 / 383 5. 상속재산 분할의 효력 / 3388
Ⅴ. 상속회복청구권 ·································································································395
1. 의의 / 394 2. 법적 성질 / 395 3. 당 사 자 / 397
4. 상속회복청구권의 행사 / 402 5. 상속회복청구권의 소멸 / 403
제 4 관 상속의 승인과 포기 ··················································································· 406
Ⅰ. 서설 ···········································································································406
1. 상속의 승인 포기의 자유 / 406
2. 승인 포기행위의 성질 / 407 3. 승인 포기의 고려기간 / 408
4. 승인 포기의 철회금지와 취소 무효 / 411
5. 승인 포기 전의 상속재산의 관리 / 413
Ⅱ. 단순승인 ············································································································414
1. 단순승인의 의의 / 414 2. 법정 단순승인 3. 단순승인의 효과 / 419
Ⅲ. 한정승인 ············································································································420
1. 서설 / 420 2. 한정승인의 효과 / 422
Ⅳ. 상속의 포기 ·······································································································427
1. 서설 / 427 2. 상속포기의 효과 / 428
제 5 관 재산의 분리 ······························································································· 432
Ⅰ. 서설 ···········································································································432
1. 의의 / 432 2. 다른 제도와의 관계 3. 재산분리의 절차 / 434
Ⅱ. 재산분리의 효력 ································································································435
1. 고유재산과의 분리 / 435 2. 상속재산의 관리 / 435
3. 재산분리의 대항요건 / 435 4. 청산 / 435
5. 고유재산으로부터의 변제 / 436
제 6 관 상속인의 부존재 ························································································ 436
Ⅰ. 서설 ···········································································································436
1. 의의 / 436 2. 「상속인의 부존재」의 경우 / 437
Ⅱ. 상속재산의 관리?청산과 상속인의 수색 ··························································437
1. 상속재산의 관리 / 437 2. 상속재산의 청산 / 438
3. 상속인의 수색 / 439
Ⅲ. 특별연고자(特別緣故者)에 대한 재산분여(財産分與) ······································439
1. 제도의 취지 / 439 2. 특별연고자의 지위 / 439
3. 특별연고자의 범위 / 440 4. 재산분여의 절차 / 440
5. 분여의 대상 / 441
Ⅳ. 상속재산의 국가귀속

제 3 절 유언
Ⅰ. 서설 ···········································································································442
1. 유언의 의의 및 법적 성질 2. 유언과 법정상속의 관계 3. 유언능력
Ⅱ. 유언의 방식 ·······································································································445
1. 서설 2. 자필증서에 의한 유언
3. 녹음에 의한 유언 4. 공정증서에 의한 유언
5. 비밀증서에 의한 유언 6. 구수증서에 의한 유언
Ⅲ. 유언의 철회 ·······································································································457
1. 유언철회의 자유 2. 유언철회의 방식 3. 철회의 효과
Ⅳ. 유언의 효력 ·······································································································461
1. 유언의 일반적 효력 2. 유증
Ⅴ. 유언의 집행 ·······································································································473
1. 의의 2. 유언집행의 준비절차(개봉과 검인) 3. 유언집행자

제 4 절 유 류 분
Ⅰ. 서설 ···········································································································481
Ⅱ. 유류분의 범위 ···································································································483
Ⅲ. 유류분의 보전(保全) ·························································································490
1. 유류분반환청구권 2. 유류분반환청구권의 행사 3. 반환청구권의 소멸시효 

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송 덕 수

서울대학교 법과대학, 동 대학원 졸업 
법학박사(서울대) 
경찰대학교 전임강사, 조교수 
이화여자대학교 법과대학/법학전문대학원 조교수, 부교수, 교수
Santa Clara University, School of Law의 Visiting Scholar
사법시험ㆍ행정고시ㆍ외무고시ㆍ입법고시ㆍ감정평가사시험ㆍ변리사시험 위원 
현재: 이화여자대학교 법학전문대학원 명예교수
주요저서
錯誤論 
民法注解[Ⅱ], [Ⅷ], [Ⅸ], [XIII](초판)(각권 공저)
註釋民法 債權各則⑺(공저)
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法律行爲에 있어서의 錯誤에 관한 判例硏究
契約締結에 있어서 他人 名義를 사용한 경우의 法律效果
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民法改正案意見書(공저)
제 3 자를 위한 契約 硏究
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民法講義(上)
民法講義(下)
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法官의 職務上 잘못에 대한 法的 責任 硏究
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