On The Settlement Procedures For Inherited Debts

With civil debts becoming more complicated and diversified, when natural man died, so his heritage debt disputes did. And heritage debt settlement issue has become a problem in judicial practice. For how to deal with heritage debt settlement issue, many scholars put forward a number of ideas about how to do the system design and legislate from legislation and discuss a lot. However, few scholars properly handle heritage debt settlement issue under the background of the existing legislation. Without legislation, but legacy debt settlement cases continue to occur in practice. Though perfecting legislation is the ultimate solution to the problem of legacy debt settlement, how to properly resolve the legacy of debt disputes in the existing legislation conditions is able to meet the urgent needs of the current judicial practice. Therefore, the article is on the background of legislation, to discuss debt settlement on how to depend upon or refer to relevant laws and regulations to properly resolve legacy issues. We hope to be able to help solve the problem during judicial practice.This paper consists of three parts, a total of about 25,000 words.Part 1 The legislative background and judicial dilemma of our Heritage Debt Settlement.This part mainly discusses the legislative present situation in terms of debt settlement heritage, introduce the general practice in judicial practice when dealing with legacy debt settlement case and summarizes the existing problems on the Chinese legislation and judicial debt settlement.Part 2 The heritage debt settlement system of Chinese Hong Kong, Chinese Macao and foreign countriesThis part mainly focuses on the legislative experience of some regions in our country such as Chinese Hong Kong, Chinese Macao as well as some developed countries, introducing relative requirements for the range of estate debts, the system of direct and indirect inheritance,administration, legacy inventory, and the legacy of debt settlement order in Chinese Hong Kong,Chinese Macao and foreign countries. This part is conducive to reach a comparative study in China's legacy of debt settlement, and it also provides a reference for the third part.Part 3 The improvement of the legacy of debt settlement procedureThis part is based on the first two parts, putting foreward how to resolve the legacy of debt settlement in the current legislation. This part illustrates: whether a creditor shouldregister and how; how to take use of the special methods with feature in cases of legacy of debt settlement; how to ensure the legacy of debt liquidation order; and what kind of rules should be observed in the legacy of debt settlement mediation.In short, the current legislation provides basic premise for the legacy of debt settlement discussed in this paper. It is to be admitted on the basis of existing legislative deficiencies,making out how to construct a set of proper plans to deal with cases of legacy of debt settlement.