| After the inheritance begins,before the division of the estate,the successor’s heritage in the "vacuum", its scope, form, and ownership are in a fixed, always possible to be infringed, therefore, must be effective management of the estate, The estate manager system was born. Scientific and rational management system of heritage is the symbol of modernization of inheritance law. China’s current"Inheritance Law" has not yet established a heritage management system,in terms of the disposal of the estate only provides the custodian and executor of the system, the administrator of the estate is still only a theoretical concept. No matter in Anglo American law system or civil law countries, the system of the administrator of the estate has been a mature model,which is worth learning and reference.In this paper,firstly,the necessity and urgency of establishing the system of estate administrator in our country from the case of Chen Yifei, a famous painter.The first part introduces the basic theory of heritage management system, through the analysis of its connotation and the legacy custodian and executor of related concepts such as difference, the administrator in the scope, mode and permissions more perfect,then the legal status and the function and effect of the specific analysis. The second part mainly compares the two kinds of legal system of the manager system, and finds out that there are similarities in the establishment of the original intention, the way of production and the rights and obligations, which also proves that in the civil law country of our country, The feasibility of the system. The third part mainly introduces the necessity and feasibility of the establishment of heritage management system of our country, and puts forward specific solution from the selection, heritage management responsibilities, rights and obligations, termination, supervision etc..Heritage Management System of China should be written when the civil code inherited an important chapter in the article. |
