Study On The System Of Administrator Of The Estate

Since the reform and opening-up,people’s living standard has been continuously improved,and the types of property they own are also increasingly diversified.However,while the material life is rich,there are also some new problems: for example,with the emergence of virtual property and the diversification of transaction forms,the types of heritage are more complex,how to determine the scope of the heritage,how to keep the heritage and how to distribute the heritage emerge in endlessly.In recent years,the number of disputes over inheritance in our country has been increasing,which reflects the imperfection of laws,regulations and judicial interpretation in the field of inheritance,and also highlights the importance of the system of estate managers.In order to ensure the lawful rights and interests of the inheritors or other related stakeholders,a brand-new system-the administrator system-needs to be established to manage the heritage so as to properly handle the distribution of the heritage and reduce the occurrence of disputes over inheritance.At the same time,this is also one of the important contents that should be included in the succession of our future civil code.However,due to the lack of this system in our country’s current legislation,it is necessary to further study it in order to be helpful to the compilation of the succession code of the civil code.This article has carried on a more systematic research to the system of estate manager,altogether divides into five parts.The first part mainly starts from the research background and significance of our country’s heritage administrator system,and briefly analyzes the importance of establishing the heritage administrator system.Based on the current research situation at home and abroad,this paper expounds the theoretical and legislative research on the relevant system of the estate manager by domestic scholars.At the same time,on the basis of drawing lessons from the theoretical research and current situation of the system of the estate manager in other jurisdictions,it expounds the shortcomings of the system in our country at this stage.The second part is to compare and analyze the concept of the administrator system put forward by various legal researchers.First of all,three cases lead to the legislative deficiencies of the inheritance law of our country,that is,there is no provision for the system of estate administrator.It is precisely because of the lack of such provisions that many cases of inheritance disputes cannot be resolved in time.Secondly,the academic circles have defined the system of estate administrator,that is,the system refers to the system that after the decedent dies,the estate is designated by the decedent’s will before being divided,and the special subject appointed by the successor or the court is responsible for the duties of keeping,disposing and distributing the estate,so as to manage the estate to protect the estate from damage before being divided.Secondly,through the distinction between the executor and the custodian of the estate in our current legislation,it is believed that there is a clear distinction between the former and the latter.Neither the executor nor the custodian of the estate can replace or cover the administrator of the estate.Thirdly,it analyzes the system value of the estate manager,and holds that the establishment of the system is of great significance to ensure the fair distribution of the estate,the legal realization of the right of inheritance and the protection of the property that no one inherits.The third part analyzes the current legislative situation of China’s estate managers and the problems caused by the lack of this system.At present,China does not have any special laws and regulations on this system,and the civil law only provides a brief regulation on the executor and the custodian system.However,the two are not enough to sum up the responsibilities of the estate administrator.If the decedent fails to make a will,the executor will cease to exist.The custodian of the estate is also only responsible for the temporary custody of the estate and cannot solve the problem of division of the estate.Especially when there is no heir or the heir is unknown,it is extremely easy to damage the legitimate rights and interests of the estate creditors,and the executor and administrator cannot solve the above problems.In this case,the estate administrator system is particularly important.The fourth part investigates the legislation on the system of estate administrator in the countries and regions of the two major legal systems outside the territory.Overseas countries and regions have made relatively mature researches on the system,mainly involving the generation,powers and responsibilities,legal status and responsibilities of the estate administrator.Through introduction and comparison,we can see that due to the different inheritance principles applied in different countries and regions,the legal provisions for the system of estate administrator are also different,but the purpose of establishing the system is the same,that is,to protect the fair inheritance of the estate,the legitimate rights and interests of the creditors of the decedent and the rights and interests of other estate stakeholders.At the same time,the provisions of various countries and regions on the appointment of the will of the estate administrator,the duties of the estate administrator,the good management obligations of the will administrator and the liability for damages have some referential significance for the construction of the estate administrator system in our country.The fifth part studies the construction of the system of estate manager which is in line with China’s current national conditions.That is,on the basis of drawing lessons from the legislative experience and research of foreign countries and regions,the author absorbs the essence of his experience in the establishment of the system of estate manager,and puts forward his views on the establishment of our own system of estate manager in combination with the current situation in our country.As for the generation of administrators,they are generally appointed by wills.In the absence of a will,the successor shall make a unanimous election through consultation.If the administrator cannot be selected,the court can appoint him.As for the duties of the estate manager,he shall undertake the duties of liquidating the estate and making a list of the estate,managing and disposing of the estate in a timely manner,settling the creditor’s rights and debts disputes left over by the decedent,notifying the right holder of the estate in a timely manner through public announcement,making a report on the estate situation,distributing the estate,etc.If the estate violates its management obligations,it shall bear civil liabilities such as returning the property,compensating for losses and restoring the original state.