On The Protection Of The Creditor's Lawful Interests On The Heritance

The economical harmony is the key to structure harmonious society of socialism. As an important part of the civil law, inheritance law relates to the protection on the ownership of the private properties and the value for the safety of law. Two issues will be left when the natural person is dead; one is the attribution on the private property of the individuals, the other is on the debt's adjusting on the debt of inheritance. The balanced protection to heritance and creditor's equity is not only about the national legislative intent, but also about the construction of the basic norm of inheritance law. The limited successive principle has been built in inheritance law, but there is only an entail principle with the lack of judicial safeguard. It is important to perfect the enactment of the law and provide effective the judicial remedy for the suffering during the disposition of the estate. With the rising torts in succession disputes caused by in heritor, which is in order to balanced save the inheritor and the creditor during succession and protect the citizen's legitimate private property. Furthermore, it is good for the structuring harmonious society of socialism. For this purpose, the perfection on for the creditor during succession has important theoretic significance and practical significance to protect lawful rights and interests of the inheritance law and to build the harmonious society.This article is divided into five parts, discussing from the limited protection for the creditor in succession by including the experience of the foreign legislative practice and domestic legislation. There are five parts in this article (besides foreword and concluding remark) including about 250,000 words.Part One has put forward questions involving torts between the inheritor and creditor in succession to show the importance in perfecting the legislation on the protection of creditors' equity in succession.Part Two has introduced the development of the basic succession law on creditors' equity in succession and the types of relative torts. Firstly, analyze the development of the basic succession law on creditors' equity in succession law on the choice of inheritance rules and the achievement of the vest. Secondly, put the creditors into two types; one is the decedent's creditor, the other is the inheritor's creditor, and then analyze their characters.Part Three is about the foreign law on the protection to the creditors' profit in succession. It has analysis the law in Civil law country and Ang-American law system. Part Four has put forward the lack of inheritance law and the main reasons. Firstly, this part has described the lack of inherit legislation and judicatory from two aspects which are the legislation and obstacles in actual judicial practice of the protection of the creditors' profit in succession. Secondly, analyze the main reasons which are caused by the time and the citizen's spirit to the lack of inherit law.Part Five has posed aspects of perfecting the inheritance law. In view of the lack of the inheritance legislation, pose advice through discussing the perfecting of the choice of succession, the sphere of legacy, the inheritance bankrupcy and the rule of administrator.