遺留分減殺請求権者と遺言執行者の職務権限について

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タイトル別名
  • A Study of the Extent of Authority of a Claimant of Hereditary Reserve and the Executor of the Will
  • イリュウ ブン ゲンサイ セイキュウ ケンジャ ト ユイゴン シッコウシャ ノ ショクム ケンゲン ニ ツイテ

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In my study of the extent of administrative authority vested in the executor of a will in carrying it out, under both Japanese and foreign law, it has come to light that there still remain problems in the exercise of such authority in practical terms. With respect to the execution of the property clause of the will, particularly the specifications on how to divide the estate, it is commonly held that the exercise of rights and the authority of the claimant of hereditary reserve versus the executor of the will, are, on the whole, to be determined by a substantive trial at a court of law. It is seen that judgment of the value of the relationship between the details of the will versus the specifics of the executor's duties, as well as of the standing of those concerned, etc., varies greatly from trial to trial. Judicial precedents show that the authority of the executor of the will is usually interpreted in a narrow sense, but there do exist special cases in which it is acknowledged to be broader. In particular, with respect to a will that clearly "allows" inheritance, the scope of the executor's authority is interpreted quite unambiguously, and it is thought that this is quite appropriate in such cases.

収録刊行物

  • 法政論叢

    法政論叢 46 (2), 89-102, 2010

    日本法政学会

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