老親に対する相続人の妻(嫁)による寄与の法的位置付け

抄録

During these several decades, women's right has been gradually extended in the law of inheritance. In 1980, the law of inheritance was partially amended, in which the "Kiyoken-the contributor's right" was established. This establishment was made in order that the heir or heiress, who had especially contributed to maintain or increase an ancestor's property by offering gratuitous labor for the ancestor's business, tending the ancestor, or some other way, could get special remuneration from the inheritance. However, in the case that an heir's wife had contributed to an ancestor, she has no right to claim her remuneration because she is not a legal heiress. This paper proposed several ways to establish the right of an heir's wife as a contributor lawfully. I From the viewpoint of women's right, it is not a good way to heir's wife's remuneration for her contribution be included in heir's inheritance. For several points can be raised as follows. 1. It should be made clear that the portion of the inheritance which an heir received for his wife's contribution belongs to his wife. 2. An heir should immediately give his wife her portion after his inheritance, or should make a contract with his wife to give it her in future. 3. As her portation belongs to her husband for form's sake, there mostly exist a risk in this law that her husband can dispose of her portion at will. II On the other hand, in the case a wife's remuneration described above is not included in her husband's inheritance, two ways are already being carried out in general. One is old parents adopt "Yome (an heir's wife)" as their legal heiress, and the other is old parents leave her their property by will. This paper suggests following two other effectual methods besides those ways. 1. Old parents meke a contract with "Yome" to pay her remuneration after their passage. To adopt this method, it is necessary to cultivate social consensus of opinion. 2. After convertment of "Yome"'s contribution into money, she demands payment as a debt from old parents' estimate at the starting of inheritance. However, it is necessary to set up the procedure by social welfare service offices to approve her remuneration for contribution in this method.