Study On The From Of Responsibility Bearing In The Settlement Of Legacy Debts

The current inheritance law of our country mainly focuses on the inheritance relationship between the deceased and their relatives.It stipulate the settlement of legacy debts simply,especially the provisions on the responsibility sharing and the form of responsibility undertaking between the heirs.It has shown an obvious weakness in today's rapid development of material economy.Through the combination of literature research and judicial practice,this paper makes a detailed study on the form of liability in the settlement of legacy debts.By finding out the deficiency of the legal provisions on the form of liability in the settlement of legacy debts and the crresponding problems existing it,this paper try to analyzes them and proposes solutions.It clarifies the basic theory related to form of liability in the settlement of legacy debts,including the main responsibility of the successor,multiple heirs and creditors.This paper summarizes the theory from various angles of form,and illustrates the cross of rights and obligations between the inheritors,and clarifies the responsibility and bearing form of the inheritors,especially for the different forms of the liability born for joint property of husband and wife,the matrimonial debts and the personal debt of the inheritor,and puts forward feasible suggestions for the legislative improvement of the liability in the settlement of the legacy debt in China.All above studies and suggestions may be operated or used in judicial practice to protect the legitimate rights and interests of debtors andcreditors.Therefore,I hope to provide theoretical suggestions for the improvement of the legal provisions of our country,and improve the legislation of the the form of liability in the settlement of legacy debts in our country.