A Study on the Partition of Inheritance with Co-heirs’ Agreement：Focus on the Fairness of Co-heirs

• Main Authors: CHAN, TENG-YU, 詹登宇
• Other Authors: LIN, HSIU-HSIUNG
• Format: Others
• Language: zh-TW
• Published: 2018
• Online Access: http://ndltd.ncl.edu.tw/handle/2k88v7

碩士 === 輔仁大學 === 法律學系 === 105 === The partition of inheritance into an important issue under the system of the co- inheritance, during which the operation and proper reference to the law, involving the concept of interaction between the property and the family law. This paper firstly discusses and introduces the basic concept of the partition of inheritance and the principle of freedom of the partition of inheritance, as the construction of the basic system, and at the same time puts forward the concept of the substantial fairness of the co-heirs. In the second part, the author analyzes the problems of various parts of the partition of inheritance with the agreement of co-heirs by the validity of the juristic act, and finally discusses the effectiveness after the act of the partition of inheritance with the agreement. Nevertheless, based on the principle of good faith and the positive factor of the constitutional safeguard of property rights, this paper argues that the fairness of the co-heirs within the partition of the inheritance, except for the rationality of the allocation about living or social resources, could be analyzed from the two viewpoints: One is the classical fairness of the co-heirs, which is the formal sense of fairness, and it is the result of the economic value about the partition of inheritance is equal or not. The other is the substantial fairness, which lies in the decision of the co-heirs among the decision-making process of the partition of inheritance, whether there is fair and reasonable treatment between the autonomy of the will and the freedomliberty of the personality. Though this part would overlap with the freedom of contract in the agreement of the partition of inheritance, its existence still seems to be neglected in conceptual operation. As discussed in this paper, in the Year 2015, the discussion and the resolution of the Third Civil-Court- Meeting of the Supreme Court, or the co-heirs’ decision on the way of the partition of inheritance, etc., the conclusions is reduced whithin the proof about the benefits of the existence of the concept. Keywords：co-inheritance、the fairness of co-heirs、the substantial fairness of co-heirs、the freedom of the partition of inheritance、the partition of inheritance with co-heirs’agreemen