Research On Executor System

Executor system has been very important one system in the law of succession .Civil law has done detailed regulation in every country mostly to executor system , our country has also established executor system in the law of succession, but extraordinary simplicity of content, the need being able to satisfy actual judicial practice far from. Be necessary therefore , reinforcing the research into executor system , come to perfect the executor system of our country. The paper submitted the concrete suggestion perfecting our country executor system by investigation and discussion to executor system and comparative analysis to executor system of many country. The paper consists of four parts:Partâ… : summarization. This part brought forward the executor's concept, Executor is to refer to the people who realizes testament content owing to the appointment of a testator or legal rules , having power and duty to managing and distributing decedent's estates according to the testament clause and law. This part expounded the connection and difference between executor and custodian,administrator of decedent's estates, Execution of testament and executor,the function of executor system, the development of executor system. This part contrasted and analyzed various Theory of the executor's law position, argued that the testator's trustee Theory is comparatively advisable.Partâ…¡:the production of executor. Firstly, this part discussed the way of the production of executor. generally, the testator himself appointed an executor in the testament or entrusted others to appoint an executor in the testament, this is admitted by every country legislation. Secondly, this part discussed the qualification of an executor in active and inactive aspects. finally, this part discussed executor's assuming office and refusal. Behavior can be looked upon as one kind form of accepting appointment.Partâ…¢: rights and duties of executor. The provision of executor's rights and duties needs to be able to guarantee well-off realization of purpose and mission of an executor. The range of executor's rights and duties needs to comply with the law regulation, also needs to comply with the Testament clause, on petition of an interested people a court also should to give necessary restricting on executor's authority of office. The executor ought to enjoy the following right: collecting estates right,working out inventory right (duty),managing estates right,Participating in legal action about decedent's estates,demission right,asking for Reward right. Termination of executor's authority of office generally may be several kinds as the following: Firstly, termination owing to death or disability; Secondly, termination owing to dismissing; Thirdly, termination owing to demission; Lastly, termination owing to closing Estates.Partâ…£: our country's Executor system perfecting.The part carried out summarizing and commenting on the executor system of our country, Pointed out the necessity perfecting the executor system of our country and the problems to which need to pay attention. Finally,This part putted forward the concrete suggestion that perfect the executor system of our country from several aspects as creation of executor,qualification of assuming executor,rights and duties of executor,common executor,executor be removed from office,Termination of executor's authority of office and so on.