Research To The Debt Settlement Of The Legacy

Legislative terms from foreign countries, both civil law countries or the common law countries, on the legacy of debt settlement systems have used a lot of provisions to be detailed and thorough impact statements. For dealing with the legacy of debt in real life played a very important role in the dispute. With the Chinese residents of property owned by the increasing number, the accession to the increasing complexity of economic relations, claims and liabilities correspondingly rapid increase, while the claims and liabilities and would not end because of people's death, then our inheritance laws should be right the people after the death of the claims and liabilities to be regulated. In judicial practice, settlement of disputes among the legacy of debt have occurred and are becoming increasingly complex, judicial authorities are unable to follow, no laws, we can see that improving the heritage of our inheritance in the debt settlement system has been urgent, imperative.This paper is divided into three parts. The first part is the debt settlement system on the heritage of an overview of the status of legislation. Among the first in this chapter is to clarify the existing law of succession in the heritage of our country's legislative status of the debt settlement. And our legacy of debt settlement problems in the legislation and the causes. Improvement of heritage in need of debt settlement legislation first introduced in this part of a case. Clarify the purpose of the case is to propose the current judicial practice in China Debt Settlement system for heritage, what are practical problems, and leads from these practical issues in inheritance legislation our country in terms of defects which come to our law of succession of the need to improve.The second part of this legacy of debt service to foreign legislation and compared. In this chapter, which is mainly through the issue of foreign debt settlement estate exposition, comparison, analysis of legislation come to learn from China's national conditions suitable. This section is basically in line with civil law countries first introduced the legislation re-introduced the legislation in common law countries, and finally a comprehensive model of comparative analysis carried out. Related issues of foreign law of succession in the detailed description will help pave the way for improving our inheritance. Is an old saying:"learning from history can know the rise and fall, people will know the pros and cons Kam," and only a comprehensive understanding of the legislative status of the foreign in order to find a suitable beneficial to China's current social situation, learn from. The third part of this article is specifically addressed how to improve our country's legacy of debt settlement system. By reference to foreign legislation, to identify suitable for our country's legacy of debt settlement system, and in this part of the analysis were mainly limited liability conditional inheritance system and the system administrator, and on the legacy of debt settlement system, some of the specific details, China seeks to improve the law of succession to provide some suggestions.