Internationales Erbrecht (IPR) - Nordkorea

Auszüge aus Gesetzen der Demokratischen Volksrepublik Norkorea

Bürgerliches Recht (The Civil Law of the Democratic People’s Republic of Korea i.d.F.v. 05.09.1990)

 

Article 63. The state guarantees the right to inherit individual property.

A citizen’s individual property shall be inherited in accordance with the law. A citizen may bequeath by will his or her property to the members of his or her family, other citizens, and state institutes, enterprises and organizations.

 

 

Familienrecht Nordkorea (The Family Law of the Democratic People’s Republic of Korea i.d.F.v.24.10.1990)

Chapter V. Inheritance

Article 46. When a citizen dies, his or her property shall be inherited by his or her partner, children or parents. In cases where there are no such people, it shall be inherited by his or her grandchildren, grandparents, or brothers and sisters. In cases where there is no inheritor as indicated in the preceding article, inheritance shall pass over to his or

her nearest relative.

 

 

Article 47. In cases where there are many inheritors with equal claims, their share shall be equal. In cases where an inheritor disclaims an inheritance, his or her share shall pass to others.

 

 

Article 48. Even if a person is an inheritor under law, if he or she ill-treated the deceased, did not take care of him or her properly or intentionally created conditions for the inheritance, he or she shall lose the right of inheritance.

 

Article 49. In cases where an inheritor dies before the person who is to make the bequest, the former’s children shall take the position of the deceased in the order of inheritance.

 

 

Article 50. A citizen may bequeath his or her property by will. But if the will damages the interest of one who has been supported by the testator, it is invalid. Invalidity shall be declared by the court after application is made by the person concerned or the public procurator.

 

 

Article 51. The inheritor shall bear the responsibility for any debts left unpaid by the deceased within the limit of the inheritance.

 

 

Article 52. Acceptance or disclamation of an inheritance shall be done within six months. In cases where the inheritor has not been discovered within six months or relinquishes all the rights of inheritance, the property shall be handed over to the state treasury. Should no inheritor be discovered a court of justice may defer the term of acceptance or disclamation of the inheritance for a further six-month period on request from a party concerned.

 

 

Article 53. Problems associated with inheritage shall be settled by the court.

 

 

 

IPR Nordkorea (The Law of the Democratic People’s Republic of Korea on External Civil Relations i.d.F.v. 12.12.1998)

Chapter 4. Family Relations

Article 45. The inheritance of immovable properties shall be governed by the law of the country in which the heritage exists, whereas the inheritance of movable properties shall be governed by the law of domicile of the ancestor.

But the inheritance of movable properties by a citizen of the DPRK having residence in a foreign country shall be governed by the law of the last country in which the ancestor had a residence.

 

 

Where a citizen of the DPRK residing in a foreign country does not have an heir, the heritage shall be inherited by a person most closely related with such a citizen.

 

 

Article 46. Any testament or cancellation of testament shall be governed by the law of domicile of the testator.

 

 

A mode of testament and cancellation of testament shall also be regarded as valid, provided that they come in compliance with the law of the DPRK, the law of the country in which the act of testament has occurred, the law of the country.

 

 

Quelle: Deutsche Botschaft Pjöngjang