Research On The Duty Performance Of Estate Administrator

As a highlight of the new regulations in the succession series of the civil code,the heritage administrator system constructs a complete heritage management framework with the content of one chapter.Among them,the responsibility of estate manager is the core highlight of the estate manager system.The application of this rule is not only related to the balance of interests of estate heirs,estate creditors and other estate stakeholders,but also closely related to the stability of the order of inherited property.However,at present,whether in terms of legal provisions or practical guidance,several provisions on the duties of estate managers are still too rough,and the premise of duty performance and the guidance of procedural content need to be supplemented and demonstrated.When performing their duties,the estate administrator should first solve the problems existing before performing their duties,so as to lay the foundation for performing their duties.As an independent subject of heritage disposal,the relationship between the heritage administrator and the stakeholders of heritage is not only a simple principal-agent relationship,but also some of its rights come from the direct provisions of the law.Based on the independent legal status,when the identity rights of the estate manager and the heir compete,the right of estate management is exclusive.Notarization and other credible means can be used to endorse and prove the identity of the heritage manager when performing his duties,participate in the litigation of heritage disputes in the name of the heritage manager,and remove the procedural obstacles for the heritage manager to perform his duties.Explain the applicable rules of the procedural contents of the responsibilities of heritage managers through the system,and clarify the beginning and termination of heritage management.In terms of the performance of the main procedures,first of all,the estate manager needs to analyze the property and make an estate list.The separation of the joint property of the husband and wife is determined in combination with the faults of both parties,and does not take the simple principle of half and half.The estate list is not the premise of limiting inheritance,but it is effective to bind the creditors who fail to declare their claims in time.Secondly,the estate manager shall determine the scope of the claim through the procedure of declaration of the claim of the estate,and at the same time pursue the estate debt,so as to balance the interests of the estate creditor and other stakeholders.Finally,there is no natural order between the settlement of heritage debt and the division of heritage.The responsibility of heritage preservation and reporting runs through the whole process of heritage management,so as to prevent the heritage from infringement and damage,maintain the security of the heritage,and supervise the performance of the responsibility of the heritage Manager.After the performance of the duty of administration of the estate is terminated,he shall have the right to receive remuneration and expenses.In case of heritage loss during the performance of estate duties,the estate manager shall determine whether to bear the liability for tort or breach of contract according to the selection method,so as to supervise the prudent performance of duties by the estate manager.