Research On The Protection Of Creditors' Interests In Limited Inheritance

Our country's succession law adopts an unconditional limited succession system,which ignores the protection of the interests of the heritage creditors.In order to achieve equal protection of the interests of the heirs and creditors,the conditions for limiting inheritance and the choice of inheritance should be added when the inheritance law is amended Meaning means deadline.China's current inheritance law stipulates that the inheritor's rights and obligations have been inherited by the heirs since the death of the heirs.The heirs have an absolute dominant position in the process of inheritance.The situation where the interests of creditors are infringed is showing a more complex and diverse trend.Creditors lack remedies for the damage to their rights.Therefore,it is necessary to introduce a legacy management system to regulate them.At the same time,the rules for the settlement of inherited debts should be made clear.Remedies.The protection of the rights and interests of heirs,estate creditors and other interested parties can only be balanced if the perfect conditional limited inheritance principle and the estate management system are mutually coordinated.In this paper,the author mainly discusses the problems of the unqualified inheritance principle in China,the establishment of the inheritance management system,and the settlement of heritage debt.The author believes that the unconditional limited inheritance system should be modified to conditional limited inheritance,and the making of the list of inheritance is a condition for the limited liability of the heirs,and relevant suggestions are made on the main body,duration and requirements of the list of inheritance.The author focuses on the selection and duties of the administrator,and believes that the administrator should mainly include the executor,heirs and their clients,and the administrator appointed by the court.Among them,the administrator appointed by the court should mainly refer to the person who was inherited before his life.Local grassroots mass autonomous organizations should not include civil affairs departments.At the same time,notary agencies can be appropriately introduced in the process of heritage management,and their notarization functions can be used to ensure the fairness and justice of heritage management and disposal,and to achieve supervision of heritage management.In the part of estate debt settlement,the author discussed the scope of estate debt,the order of debt settlement when there are multiple creditors,and the liability of each heir when there are multiple heirs.For the scope of the estate debt,the author believes that the estate manager is responsible for publicly calling the creditors in a timely manner.To declare and make a list of estates,you do not need to stick to the traditional public notice of public notice in the process of public notice.You can use new media such as the Internet to achieve the purpose of letting the heritage creditors know the inheritance facts.When there are multiple creditors or multiple creditors,the author believes that the principle of the priority of existence,the maintenance of fair and safe order in transactions,and the protection of the interests of creditors should be adhered to in the legislation to determine the order of heritage debts.In common inheritance,each heir's liability for liquidation should distinguish between inheritance divisions and make different provisions.The relevant provisions in the "Civil Code" of Taiwan in China can be used for reference.For the inheritance property that is not enough to pay off all debts,in order to protect the interests of the heirs and creditors,the author proposes that the estate bankruptcy procedure can be introduced in the Civil Code Inheritance at an appropriate time,and that relevant stakeholders in estate disposal can apply to start the estate bankruptcy procedure.The main content of this article consists of four parts.The first chapter introduces the basic theory of limited inheritance system and the protection of the interests of heritage creditors.This part mainly discusses the theoretical analysis of the right of inheritance option and limited inheritance.The basic theory of the scope of property and the scope of inheritance debt summarizes the performance of the infringement of the interests of heritage creditors,and discusses the relationship between limited inheritance and the protection of interests of heritage creditors.In the second chapter,the author summarizes the relevant provisions of China's current legislation,puts forward the legal dilemma of the protection of the interests of heritage creditors,and discusses the deficiencies of the current provisions of our inheritance law.The author believes that the current inheritance law protects the interests of heritage creditors The shortcomings mainly include four aspects: the imperfection of the inheritance principle,the lack of the inheritance management system,the lack of the settlement of inheritance debts,and the rules for the relief of the rights of inheritors.In response to the problems mentioned in Chapter 2,the author reviewed the legislative experience of other countries or regions in Chapter 3.The author analyzes the parts that can be used for reference in China from the legislative examples of civil law countries and regions that adopt the direct inheritance model.It includes the provisions of the French Civil Code,the Japanese Civil Code,and the Taiwan region of China,including the distinction between the direct and indirect inheritance models,and a comparative study of estate management and heritage debt settlement systems in various regions.Reality needs to be selected and used for reference.The fourth chapter of this thesis is the author's solution to the problems discussed in chapter two and the legislative suggestions based on the reference of other regions' legislative regulations and the existing research results of Chinese scholars.On the basis of the "Civil Code Inheritance Series"(second draft of the draft)which has been issued by the Standing Committee of the National People's Congress,the author believes that the "Civil Code Inheritance Series"(official draft)should make provisions on the time limit for successors to abandon inheritance and limit the conditions for inheritance It is stipulated that for the estate management system,the relevant provisions regarding the start-up procedure of the estate management,the notice procedure for the disclosure of the estate's claims,and the termination of the estate management should be supplemented.The order of the settlement of the estate debt and the nature and manner of the common heirs' responsibility for the estate debt should also be clearly defined.When conditions are ripe,the estate bankruptcy system can be introduced to better protect the rights and interests of heirs,estate creditors and other interested parties.Achieve the legislative purpose of the inheritance law that handles inheritance efficiently and conveniently,considers the interests of all parties,and protects the private property rights of citizens.