The Study Of Protecting Creditors' Rights In Succession Law

That how to balance and protect the successors' and the creditors' rights will not only reflect the principle value direction on the succession law of a country but also determine the fundamental designs on the succession law. The succession law of our country has paid an important attention on the protection of successors' profits and built a succession system based on restricted succession. Our succession does not authorize the so-called Admission Only. However, the relevant separation system to inheritance has not been set up to protect the preferential pay-off rights of creditors to the estate. Thus, the creditors' profits may be damaged badly. The draft-out of the Civil Code gives a good opportunity for scholars to further research on this question, thus, some new research directions come out. This thesis is trying to research out the development direction of protecting creditors' profits in the succession law and make some suggestions on this system.The part one is the statements of fundamental protection systems of creditors' profits and fundamental types of damaging creditors' profits. The Continental Legal System mainly adopts the selectable succession system and the separation system to inheritance to realize the protection of creditors' profits. These two systems originating from the ancient Rome, were formed formally in the Justinian times, and were developed in the modern times. The Anglo-American Legal System adopted the Indirect Succession system to realize the protection of creditors' profits since the...