Research On The Application Of Estate Administrator Rule

In recent years,with the development of society,the continuous improvement of people’s living standards,and the deepening of aging,the number of inheritance disputes that need to be handled is constantly increasing.At the same time,the complexity of disputes is also different from before,and the number and types of heritages that can be involved are more diverse.The current revision of the Civil Code has added the rules for estate administrators to the Inheritance Code to construct a system of estate administrators,which is in line with the needs of the times and practice.This thesis adopts a case analysis method,and by analyzing three representative judicial cases,it can be concluded that there are three controversial issues when applying the rules of estate administrators to involve them in adjusting personal and property relationships in inheritance: first,the selection of estate administrators.There are two specific issues related to whether the inheritor is the estate administrator when giving up inheritance,and whether the estate administrator needs to have certain qualifications.Choosing an estate administrator is the first step in carrying out subsequent estate management work,and failing to ensure proper selection will make it difficult for subsequent estate management work to proceed smoothly.Secondly,the issue of fulfilling the responsibilities of the estate administrator.Whether the performance of duties by the estate administrator is in place.Thirdly,the litigation status of the estate administrator is unclear,and there is still controversy over whether they have independent litigation status.The soul of law lies in its implementation,and it is clearly necessary to address the issues related to the application of rules for estate administrators.After summarizing and summarizing the controversial issues in the application of rules for heritage administrators,the following paper analyzes the reasons for the problems and proposes countermeasures and suggestions on how to solve the controversial issues.Firstly,in response to the issue of the lack of restrictions on the appointment of estate management candidates,which is the focus of the dispute,it is considered to clarify the rules for the appointment of estate management candidates when giving up inheritance.At the same time,restrictive conditions should be appropriately added to the qualifications of estate managers to reduce inheritance disputes caused by their neutrality and professionalism.Secondly,in response to the issue of difficulty in fulfilling the duties of the estate administrator,which is the focus of the dispute,we will consider starting with supplementing the supporting provisions for fulfilling the duties,including improving the estate list system,adding provisions for terminating the duties of the estate administrator,and adding provisions for the appearance of the rights of the estate administrator,in order to better apply the existing provisions on the duties of the estate administrator.Regarding the controversial issue of the litigation status of the estate administrator,which is the third focus of the dispute,it is considered to distinguish based on the identity status of the estate administrator when participating in the litigation,and clarify the litigation status of the estate administrator.Finally,it should be clarified that the Civil Code establishes the rules for heritage administrators for the first time,and constructs a system for heritage administrators.While exploring and improving existing rules,it is also necessary to pay attention to gradual progress and make refinement in combination with judicial practice.