Research On The System Of Estate Administrator

In order to balance the interests of multiple subjects such as heirs,bequests and estate creditors,and better solve the increasingly complex reality of property relations and inheritance relations,the Civil Code of the People’s Republic of China stipulates the system of estate administrators and timely fills the gap in China’s current legislation.According to the legislative principle of "should be coarse rather than fine" by law,the existing estate administrator system has not really played a practical role in practice due to the lack of specific and detailed provisions.Therefore,how to better apply the estate administrator system in judicial practice has become an urgent problem to be solved.The main part of this article is mainly divided into three chapters:The first chapter is a brief introduction to the case and a summary of legal issues.Through a brief analysis of the case,it is found that in the process of application of the estate administrator system,there are three main legal problems: the difficulty of identifying the estate administrator,whether the administrator of the estate enjoys litigation status,and the unclear basis for the exercise of the estate manager.The second chapter is the legal analysis.Regarding the identification of the estate administrator,first of all,the analysis of the estate administrator and the relevant systems shows that some courts directly regard the estate custodian as the estate administrator as unreasonable.Secondly,briefly introduce the rules for determining the estate administrator,and analyze the reasons for the differences between the court on the identification of the estate administrator,so as to provide a reference for the court to better determine the estate administrator in the future.On the issue of the litigation status of the estate administrator,first of all,the judicial determination is briefly discussed,and the necessity of discussing the litigation status of the estate administrator is analyzed.Secondly,through a comprehensive analysis of the mainstream theory,this article believes that the legal status of the estate administrator is the most reasonable,so as to clarify the management authority,scope of responsibilities and relationship between the estate administrator and the estate right holder.Finally,it explains the feasibility of granting the litigation status to the estate administrator from the perspective of legal basis and social practice,and explains the litigation status of the estate administrator when the will is partially authorized.On the issue of the basis for the exercise of the estate administrator,although there are few studies on the basis for the exercise of the estate administrator in practice and theory,and there are not many related cases in judicial practice,it does not mean that there is no need to study this issue.This article first briefly discusses the judicial identification,and secondly,from the two angles of necessity and feasibility According to the analysis,China should stipulate the basis for the exercise of the estate administrator,that is,the appearance of the rights.The third chapter is the research conclusions and enlightenment.On the issue of the identification of the estate administrator,the main scope of the selection of the heir shall be clarified,and a certain period shall be set for the selection of the heirs of the estate manager.Secondly,appropriately expand the scope of the estate manager and allow intermediary service agencies such as law firms to act as estate managers.In the case of rich types,large quantities and complex inheritance relationships,the estate administrator shall also be allowed to hire professional institutions to perform the administration of the estate on his behalf.In addition,since the business scope of the notary institution includes the confirmation of the identity of the estate administrator,this article believes that the notary institution is not suitable to act as the estate administrator.On the issue of the litigation status of the estate administrator,it is necessary to clarify it through legislation and amend the relevant contents of the procedural law to ensure the connection between the substantive law and the procedural law.On the issue of the basis for the exercise of the estate administrator,it should be clear that the main body of the production of the certificate of rights includes the court and the notary institution,and the main content and format of the certificate of right should also be clarified.In the process of judicial application,the court should unify the concept of judicial adjudication,correctly distinguish the estate manager system from the relevant system,uniformly apply the "legal obligation" clause of the heir,and recognize the estate administrator’s independent litigation status.