墓の継承における法的課題(シンポジウム「家族をめぐる法的課題」)

抄録

As for the civil law, Article 897 (the succession of religious service property), the "(1) genealogy, ritualistic implements, and proprietary rights of a tomb should preside over the ancestral religious service according to the custom, and a person succeeds to this. But the person succeeds to this when there is the thing which should preside over the ancestral religious service according to appointment of an ancestor. (2) When the custom is not clear, a family court establishes this. There is it with", confusion occurs over this "cust om". A dispute as to whether is the eldest son inheritance is outstanding now, but the family member that relations characteristics with an ancestor during the lifetime are dark is to succeed in a precedent. There were an agreement and the thought that the eldest son could succeed to with precedence in a specific graveyard and cemetery for many years, and it was one of the factors of confusion. If a law itself assumes that influence extends to an agreement of a cemetery and a sense of rights of people, the argument that took revision into consideration is necessary. I think that it is connected for a solution of confusion to coordinate outlook on the modern family with outlook on the traditional family that "the eldest son is special".