On The Legal Protection Of The Estate Creditors' Interests

The balanced protection to the heirs'and the estate creditors'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 our inheritance law in order to protect the profits of the heirs.But our law of succession make no provision for this.In real life, the interests of the estate creditors were violated with a variety of forms, including violations from the decedent before his death and from the heirs, the legatees, the administrators during the succession.Heritage interests of the creditors are violated because of the legal reason and the social reason. The system of protecting the rights of the estate creditors is perfect in other countries.The choice of succession and the seperation of the heritage are the good ways to protect the estate creditors'profit in Civil law countries.Indirect successive system is an important measure to protect the creditors'rights in Ang-American law countries. There are many problems on the protection of the estate creditors'interests in the law of succession of our country. The principle of restrictive suceession without any condition is unreasonable, the scope of heritage is not well-defined, the choice of succession without a clear deadline is unreasonable, the provision of repayment order of the debt is not clear, there aren't any effective judicial remedies for estate creditors while their interests are violated.We can refer to the foreign law on protecting the estate creditors'profits and modify the unconditionally limited inheritance principle of succession into the restrictive succession with the limited conditions.The scope of the definition of heritage should be perfected, the estate management system should be improved, the introduction of Heritage Bankruptcy is a must.giving the estate creditors the rights of revocation and subrogation is also important.Action to protect the creditors also includes:the preservation of the heritage before the complaint procedure,the determination of the qualified defendant, the public notice of the creditors, the flexible sharing of the burden of proof between the heirs and the creditors.