A Study On The Rules Of Curator Of Estate-from The Perspective Of Protection Of The Creditor’s Interest

Our inheritance system focuses on settling the distribution of estate among heirs,but ignores the settlement of estate debt.The current debt settlement system is relatively less content,and tends to protect the heirs better than pay attention to the interest of the creditors of estate.The difficulties of realizing the interests of estate creditors are mainly reflected in the following aspects: First,the heirs conceal and transfer the property,and abuse the right of "renunciation of inheritance" to avoid debt repayment by "renunciation of inheritance",thus damaging the interests of estate creditors.Secondly,the unclear responsibility and liability for liquidation between co-heirs leads to the confusion of the judicial norms in judicial practice,which affects the realization of the interests of the creditors of the estate.Thirdly,as a crucial step in the process of carrying out the functions of the estate,the estate list system is not perfect at present.The subject and time of making the estate list and the legal liability of making the estate list are not clear,and it has not given full play to its due function in practice.Therefore,in order to ensure the smooth realization of the interests of the creditors of the estate and give play to the due value of the rules of the estate administrator,it is necessary to conduct more in-depth research on the rules of the genetic manager.Based on Article1145 to Article 1148 of the Civil Code,this paper explores the relevant rules of the administrator from the perspective of the protection of creditors’ interests by examining judicial practice,sorting out the current situation of relevant legislation,and combining with basic theories and theories,in order to provide guidance for the application of the rules of the administrator in the protection of creditors’ interests.Through the investigation and analysis of the relevant cases of the interest protection of the creditors of the estate,this paper finds out the dilemma that the creditors of the estate face when realizing the interests,and makes a comprehensive study on the basic theory of the interest protection of the creditors of the estate and the rules of the administrator,laying a foundation for the subsequent research.This paper finds that the supporting system of the rules of the estate administrator is not clear.On how to improve relevant rules,this article absorbs domestic and foreign relevant experience,combined with our basic national conditions,This paper mainly gives suggestions and guidance on the application of the rules of the administrators from the aspects of clarifying the litigation status of the administrators,clarifying the time limit for the successors to give up inheritance,pointing out the division of tasks and forms of accountability among the joint administrators,supplementing and perfecting the system of the list of the estate,establishing the public procedure of creditor’s rights declaration,and constructing the supervision mechanism.