法定代理人がない事理弁識能力を欠く常況にある者と民法158 条１項の類推適用

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  • The Right to Regain the Legally Reserved Portion and Analogy Apply of Civil Code 158, paragraph 1
  • ホウテイ ダイリニン ガ ナイ ジリベンシキノウリョク オ カク ジョウキョウ ニ アル モノ ト ミンポウ 158ジョウ 1コウ ノ ルイスイ テキヨウ

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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.

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