2017년 가족법 주요판례 10선

2017년 가족법 주요판례 10선

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Description
『2017년 가족법 주요 판례 10선』을 지난해에 이어 한국가족법학회 총서 제2권으로 연속발간하게 되었습니다.
이번 제2권에는 2017년에 대법원에서 선고되었던 친족관련 판례 5편, 상속관련 판례 4편과 헌법재판소 결정 1편에 대한 평석이 수록되어 있습니다. 판례에 나타난 실무계의 고뇌와 법원이 제시한 법적 명제에 대하여 연구자들이 나름대로의 관점에서 소통하려 노력하였습니다. 여러 사정으로 판례평석에 참여하지 못하신 연구자와 실무가들의 가족법연구에 도움이 되기를 바랍니다.
저자

김상훈

저자김상훈
-고려대학교법과대학졸업
-고려대학교대학원법학박사
-미국서던캘리포니아대학교(USC)로스쿨졸업(LL.M.)
-사법연수원수료(33기)
-현재법무법인바른변호사

목차

│친족│
●부부간부양의무와부부공동생활비용부담의관계-대법원2017.8.25.자2014스26결정
엄경천······························································································11
●장래의재산분할청구권의양도-대법원2017.9.21.선고2015다61286판결
김상훈······························································································34
●가장이혼과재산분할-대법원2017.9.12.선고2016두58901판결
박근웅······························································································68
●한정후견과임의후견-대법원2017.6.1.자2017스515결정
배인구······························································································99
●성년자녀에대한부양의범위와한계-대법원2017.8.25.자2017스5결정
엄경천····························································································112

│상속│
●상속에있어서보험금청구권의취급-대법원2017.12.22.선고2015다236820,236837판결
정구태····························································································133
●민법제1008조(특별수익자의상속분)및가사소송법제2조(가정법원의관장사항)위헌소원해설-헌법재판소2017.4.27.선고2015헌바24결정
정다영····························································································150
●상속포기의효력과대습상속-대법원2017.1.12.선고2014다39824판결
우병창····························································································170
●실종선고로인한상속에관한경과규정인민법부칙(1990.1.13.법률제4199호)제12조제2항의의미-대법원2017.12.22.선고2017다360,2017다377판결
최준규····························································································191
●상속세부과재산가액산정과시가주의원칙-대법원2017.7.18.선고2014두7565판결
서종희····························································································208