The Research Of The Interests Of Heritage Creditors

The interests of heritage creditors is the basic problems in the law of succession, however, our successions have many obvious shortcomings in Protecting interests and rights remedy of heritage creditors. This would lead to violation the interests of heritage creditors frequently occurred. Consequently, it's very important to establish a system of protection the interests of heritage creditors.This paper is divided into three parts; the first part is the overview of problem of the interests of heritage creditors, pointed out the problems of our successions and the main modes of violation. In addition, propose the starting points about protection system of heritage creditors on the base of comprehensive grasp the basic problem of successions. The second part and the third part design the protection system of heritage creditors and construct the corresponding legal system. Discussion mainly from two aspects, the one is heritage debt institution, the other one is other legal institutions. Take a more detail discussion on the relevant problems of heritage debt in discussion course of the heritage debt institution.Firstly, analyze the scope of heritage debt. Secondly, analyze the liquidation methods and principles of the heritage debt, propose the solution which accord with the actual situation in our country. Finally, study the liquidation sequence of the heritage debt, put forward own views about the focus of dispute of scholars. The final part mainly from establish other legal institutions to perfect our heritage creditors protection system, in addition, at the same time discussing the relevant institutions the heritage creditors rights are analyzed, from establish legal institutions and right remedy two aspects to perfect our successions. The innovation point of the article is construct a complete set of heritage creditors protection system, not only analyze the institution of heritage debt, but also discuss the relevant institutions, strive to establish a comprehensive protection legal system of protection interests of heritage creditors.