2026년 01월 05일 출간 | ISBN : 1130398781 | 552쪽 | 규격外 | 8판

1 장 서 론 Ⅰ. 친족상속법의 의의 ······························································································· 1 Ⅱ. 친족상속법의 특질 ······························································································· 3 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. 서　　설 / 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 혼　　인 ·····································································································23 Ⅰ. 약　　혼 ·············································································································23 1. 약혼의 의의 / 23 2. 약혼의 성립 / 23 3. 약혼의 효과 / 25 4. 약혼의 해제 / 26 Ⅱ. 혼인의 성립 ·········································································································30 1. 혼인의 의의 / 30 2. 혼인의 성립요건 / 31 3. 혼인의 장애사유 / 37 Ⅲ. 혼인의 무효와 취소 ·····························································································40 1. 서　　설 / 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 / 73 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 1. 친자관계의 의의 및 종류 / 143 2. 친자의 성(姓) / 143 Ⅱ. 친생자(親生子)··································································································146 1. 혼인 중의 출생자 / 146 2. 혼인 외의 출생자 / 158 3. 친생자관계 존부(存否) 확인의 소 / 172 4. 인공수정자?체외수정자?대리모출산 / 180 Ⅲ. 양　　자 ···········································································································185 1. 서　　설 / 185 2. 입양의 성립 / 189 3. 입양의 무효와 취소 / 200 4. 입양의 효과 / 206 5. 파　　양 / 207 6. 친양자(親養子) / 214 제 3 절 친　　권 ···································································································221 Ⅰ. 서　　설 ···········································································································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 / 244 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 후　　견 ···································································································254 Ⅰ. 서　　설 ···········································································································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 부　　양 ···································································································288 Ⅰ. 서　　설 ···········································································································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. 서　　설 ···········································································································298 Ⅱ. 친계와 촌수 ·······································································································298 1. 친　　계 / 298 2. 촌　　수 / 300 Ⅲ. 친족의 의의 및 종류 ··························································································301 1. 혈　　족 / 301 2. 인　　척 / 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 서　　설 ···································································································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) / 312 3. 법정상속?유언상속 / 312 4. 단독상속?공동상속 / 313 5. 강제상속?임의상속 / 313 6. 균분상속?불균분상속 / 313 Ⅲ. 상속의 근거 ·······································································································313 제 2 절 상　　속 ···································································································314 제 1 관 상속의 개시 ······························································································· 314 Ⅰ. 상속개시의 원인 ································································································314 1. 상속개시의 의의 / 314 2. 상속개시의 원인 / 314 Ⅱ. 상속개시의 시기 ································································································315 1. 서　　설 / 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. 서　　설 / 328 2. 혈족상속인 / 329 3. 배우자상속인 / 332 Ⅲ. 대습상속 ············································································································333 1. 의의 및 성질 / 333 2. 요　　건 / 334 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. 서　　설 / 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. 서　　설 / 375 2. 지정분할 / 376 3. 협의분할 / 377 4. 심판분할 / 383 5. 상속재산 분할의 효력 / 3388 Ⅴ. 상속회복청구권 ·································································································395 1. 의　　의 / 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. 서　　설 ···········································································································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 / 414 3. 단순승인의 효과 / 419 Ⅲ. 한정승인 ············································································································420 1. 서　　설 / 420 2. 한정승인의 효과 / 422 Ⅳ. 상속의 포기 ·······································································································427 1. 서　　설 / 427 2. 상속포기의 효과 / 428 제 5 관 재산의 분리 ······························································································· 432 Ⅰ. 서　　설 ···········································································································432 1. 의　　의 / 432 2. 다른 제도와의 관계 / 433 3. 재산분리의 절차 / 434 Ⅱ. 재산분리의 효력 ································································································435 1. 고유재산과의 분리 / 435 2. 상속재산의 관리 / 435 3. 재산분리의 대항요건 / 435 4. 청　　산 / 435 5. 고유재산으로부터의 변제 / 436 제 6 관 상속인의 부존재 ························································································ 436 Ⅰ. 서　　설 ···········································································································436 1. 의　　의 / 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 ·························································································441 제 3 절 유　　언 ···································································································442 Ⅰ. 서　　설 ···········································································································442 1. 유언의 의의 및 법적 성질 / 442 2. 유언과 법정상속의 관계 / 443 3. 유언능력 / 444 Ⅱ. 유언의 방식 ·······································································································445 1. 서　　설 / 445 2. 자필증서에 의한 유언 / 448 3. 녹음에 의한 유언 / 452 4. 공정증서에 의한 유언 / 453 5. 비밀증서에 의한 유언 / 454 6. 구수증서에 의한 유언 / 455 Ⅲ. 유언의 철회 ·······································································································457 1. 유언철회의 자유 / 457 2. 유언철회의 방식 / 458 3. 철회의 효과 / 459 Ⅳ. 유언의 효력 ·······································································································461 1. 유언의 일반적 효력 / 461 2. 유　　증 / 463 Ⅴ. 유언의 집행 ·······································································································473 1. 의　　의 / 473 2. 유언집행의 준비절차(개봉과 검인) / 473 3. 유언집행자 / 474 제 4 절 유 류 분 ·····································································································481 Ⅰ. 서　　설 ···········································································································481 1. 의　　의 / 481 2. 유류분권과 그 포기 / 482 Ⅱ. 유류분의 범위 ···································································································483 1. 유류분권자와 그의 유류분 / 483 2. 유류분액의 산정 / 484 Ⅲ. 유류분의 보전(保全) ·························································································490 1. 유류분반환청구권 / 490 2. 유류분반환청구권의 행사 / 495 3. 반환청구권의 소멸시효 / 503 민법규정 색인 ······················································································································505 판례 색인 ······························································································································511 사항 색인 ······························································································································523

제 8 판 머리말

저자는 민법의 낱권 교과서로 2011년 「민법총칙」을 필두로 매년 한 권씩 발간하여 2015년에는 「친족상속법」까지 민법 전체에 대하여 5권 전부를 펴냈다. 그리고 그 후 쉬지 않고 개정하여 2025년에는 5권 모두가 제 7 판에 이르렀다. 그런데 제 7 판이 맨 처음 나온 것은 의외로 초판이 가장 늦게 나온 「친족상속법」이었다. 무엇보다도 독자들의 과분한 사랑 덕분이었다. 그리고 제 8 판도 역시 「친족상속법」이 다른 책에 앞서서 나오게 되었다. 신속하게 반영해 주어야 할 사항이 많을뿐더러 독자들의 기대가 느껴져서다.

이 책의 제 8 판에서 크게 달라진 점은 다음과 같다
이 책의 제 7 판이 나온 뒤 민법 중 친족상속법이 한 차례 개정되었다. 그리고 친족법ㆍ상속법과 관련된 특별법이 새로 제정되었는가 하면 개정되기도 했다. 관련 부속 법령과 대법원규칙의 개정도 있었다. 이번 판에서는 우선 이와 같은 법령의 변화를 충실하게 소개해 주었다.
지난 2년 동안 대법원 전원합의체 판결을 포함하여 중요한 판례가 많이 나타났다. 또한 이 책 내용과 관련된 중요한 헌법재판소 결정이 선고되기도 했다. 이러한 판례를 모두 조사하여 서술하였다.
저자는 2024년에 김병선 교수와 함께 「민법 핵심판례240선」(박영사)을 펴냈다. 그리고 거기에서는 친족상속법 분야의 최신 판례도 분석하였는데, 이 책에서 해당 판례가 나올 때 쉽게 참고할 수 있도록 「민법 핵심판례240선」의 해당 면수를 찾아 적어주었다.
이렇게 하다 보니 되도록 간결하게 쓰려고 했는데도 본문을 기준으로 14면이 증가하였다. 그래도 추가해야 할 내용의 절대적인 양과 중요도를 생각하면 지나치지 않은 것으로 여겨진다.
이 책이 나오는 데에는 많은 분의 도움이 있었다. 박영사의 안종만 회장님과 안상준 대표는 저자에게 개정을 강력히 권하면서 격려도 해 주셨다. 그리고 박영사 편집부의 김선민 이사는 편집을 총괄하여 책을 훌륭하게 만들어주셨고, 조성호 출판기획이사는 책이 제때 출간될 수 있도록 적극적으로 도와주셨다. 이분들을 포함하여 도와주신 모든 분께 깊이 감사드린다.

2026년 1월
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