- 책 소개 -
변호사시험의 ‘ 사례화 ’ 경향에 비추어 보았을 때 친족 , 상속법은 상대적으로 쉽게 점수를 획득할 수 있는 과목입니다 . 왜냐하면 ‘ 조문 ’ 문제가 적지 않게 출제되고 있기 때문입니다 . 특 히 개정법의 경우 출제가능성이 높아 출제가 예상되는 영역이 어느 정도 예측가능하다고 하겠 습니다 . 다만 친족 , 상속법 조문은 평소 민법공부를 할 때 자주 접하는 조문들이 아니라서 기 억의 휘발성이 강하다는 특징이 있습니다 .
따라서 친족 , 상속법은 시험에 임박한 막판에 집중적으로 공략할 필요 가 있는데 , 이를 위해 기존 의 친족 , 상속법 책과는 달리 slim 하게 ‘ 꼭 필요한 것만 빠짐없이 ’ 라는 모토 아래 조문과 판례를 정리해 보았습니다 .
Ⅱ . 본서의 특징
1. 제 1 편 조문 , 판례 , 기초이론편의 특징 : 20 년판 민법의 맥 친족 상속법 부분과 동일
꼭 필요한 조문과 판례 , 기초이론을 정리하였습니다 . 다만 출제가능성이 높은 판례는 정확 하게 아는 것이 중요하고 , 또 사례화 될 수 있기 때문에 사실관계의 소개와 함께 당해 판례가 어떤 의미가 있는지 등을 ‘ 판례검토 ’ 등을 통해 충분히 소개하였습니다 .
2015.4.30. 헌법불합치결정을 받은 ‘ 제 844 조 2 항 ’ 의 개정조문 및 그에 따른 신설조문 ( 전문 개정 2017.10.31. 시행일 2018.2.1.) 까지 소개하고 判例 는 2019 년 11 말까지 반영 하였습니다 . 아 울러 최근 사법시험 , 변호사시험 등 선택형 기출지문을 철저히 분석하여 조문소개란에 빈출 기 출된 조문은 별표표시 및 키워드는 굵은글씨 표시하고 선택형 지문을 박스조문 안에 소개하였 습니다 .
2. 제 2 편 OX 핵심지문 , 사례편의 특징
본 저자의 지론은 ‘ 많이 ’ 보다 ‘ 정확하게 ’ 입니다 . 특히 친족 , 상속법은 상대적으로 수험생들 이 소홀히 하는 영역이라 기본서 양을 최대한 slim 하게 구성하되 친족 , 상속법에서 틀리지 않 게 하기 위해서는 중요내용은 OX 핵심지문 , 사례 등을 통해 확실히 내 . 것 . 으로 소화시킬 수 있 게 연습해야 합니다 .
따라서 본서에 소개된 OX 핵심지문 , 사례문제는 완전히 소화하고 암기하고 있어야 하겠습니 다 . 특히 본서에 소개된 사례문제는 최근 중요 객관식 기출문제와 함께 ‘ 민법의 맥 ’ 에 소개된 주관식 사례를 객관식 문제화한 것 으로 주관식을 대비하는 수험생들에게도 부족함이 없을 것이라고 생각 됩니다 . OX 핵심지문의 경우 제 9 회 변호사시험 기출문제를 반영하였으며 , OX 최신 판례는 2019 년 11 월 말까지 반영 하였습니다 .
Ⅲ . 당부의 말씀
본서는 1 편과 2 편을 모두 합쳐도 200 여를 약간 넘는 수준이어서 상대적으로 기존의 기본서 보다 100 여 페이지 정도 얇습니다 . 따라서 기존 책에 비해 빠진 부분이 있습니다 . 하지만 앞서 애기한 바와 같이 ‘ 꼭 필요한 최소한의 것으로 ’ ‘ 정확성과 반복성 ’ 을 통한 점수획득이 본서에 목적 이 므로 소기의 성과를 획득하기 위해서는 부단한 반복학습을 통한 내 . 것 . 화가 필요하다는 것을 강조하고 싶습니다 . 아무쪼록 친족 , 상속법이 전략과목이 될 수 있었으면 좋겠습니다 . 아울러 본서의 1 편 조문 , 판례 , 기초이론은 20 년판 민법의 맥의 친족 , 상속편의 내용과 동 일합니다 . 따라서 ‘ 민법의 맥 ’ 기본서와의 호환을 위해 쟁점정리 및 방주 번호가 동 기본서와 동일하다는 점을 밝힙니다 .
공부방향에 대한 상담이나 본서에 관한 의문이나 질문이 있으신 분은 dhyoon21@hanmail.net
으로 질문하시면 친절하게 답변드리겠습니다 .
2020 년 6 월 초
저 자 윤동환
- 목 차 -
제1편 조문, 판례 및 기초이론
제1장 친족법 ······················································································································ 3
제1절 총 설······································································································································ 3
제2절 가 족····································································································································· 5
제3절 혼 인····································································································································· 7
쟁 점 25 법정재산제 /23
쟁 점 26 이혼시 재산분할청구 / 34
제4절 부모와 자·····························································································································48
쟁 점 27 인지의 소급효에 따른 문제점 / 53
슬림한 친족,상속법의 脈
제2장 상속법 ·····················································································································77
제1절 상 속······································································································································77
제2절 유언 및 유류분··················································································································120
차 례 슬림한 친족,상속법의
제2편 OX 핵심지문 , 사례
제1장 친족법 ·················································································································· 139
제1절 총 설·································································································································· 139
제2절 가 족·································································································································· 139
제3절 혼 인·································································································································· 142
제4절 부모와 자·························································································································· 163
제2장 상속법 ················································································································· 185
제1절 상 속·································································································································· 185
제2절 유언 및 유류분················································································································ 207
판례색인&사항색인 ······································································································· 215