Research On Executor System In China

The effective execution of a will is a necessary step for the succession of a will.In the process of fulfilling a will,the heir's concealment of the will and the contention of the property in the will will result in the will not being executed according to the true will of the testator.The testator's creditors and The rights and interests of relevant stakeholders cannot be effectively protected.The executor system is an important system in the succession of wills.Its content is mainly to ensure that the property of the testator can be properly managed and distributed according to his true intentions after the testament takes effect to protect the interests of the stakeholders involved in the will.Therefore,the formulation of the executor system is very important.At present,many countries in the world have made corresponding provisions on the executor system.Although China has also made relevant provisions on the executor system in Articles 16 and 23 of the "Inheritance Law",due to the system The expression is short and too principled,and there is no specific regulation on the issue of the execution of the estate of the testator after his death.As a result,the personal rights of the parties and interested parties are often damaged during the distribution of the will.With the continuous increase in the number of inheritance dispute cases,it has been explained that the provisions on executors in the current "Inheritance Law" are no longer suitable for the development of contemporary society.Therefore,improving China's executor system is of great significance to improving China's legal system.Based on the status quo of the system of executors in China,this article analyzes the system of executors in China,which is mainly divided into five parts:The first part of this article is a theoretical analysis of the executor system.It mainly explains the background and significance of the topic,and introduces the research status of the executor system at home and abroad.The comparative analysis method is mainly used.The case analysis method and inductive deduction method have made in-depth research on the executor system,and strive to help the legislative and judicial aspects of China's executor system in the future.The second part of this article is an overview of the executor system.This section first introduces the concept of the executor and the differences from similar concepts,and then elaborates on the multiple theories of the legal status of the executor.Three aspects summarize the value of the executor system.The third part of this article is mainly an examination of the extraterritorial will executor system.It mainly refers to the legal provisions of the United Kingdom,the United States,Germany,and France.Through the analysis of the legal systems of the above four countries,it provides a theoretical reference for the investigation of the executor in China.And legislative experience,hoping to help the development of the relevant legal system of executors in China.The fourth part of this article focuses on the analysis of the related cases of the executor system in China,and discusses the legislative deficiencies in the executor system of our country,with a view to providing specific solutions for the corresponding suggestions for settlement below.The fifth part of this article is thinking about perfecting the system of executors in our country.It puts forward concrete suggestions for improvement from three aspects: setting up a testament system,broadening the channels for executors,and clarifying the rights and obligations of executors.