Research On The Protection Of Legacy Creditor 's Interests

Protecting the interests of the heirs and the estate creditors with balance is the trend and tendency. The recent succession law legislation has a bias to the protection of heirs’ interests, insufficient in protecting the interest of estate creditors; there are series of obstacles in the judicial practice. With regard to the plenty of problems occurring in interest protection of the estate creditors, the inheritance legislation needs to perfect its relevant system, strengthen the judicial relief of the victims for protecting their legitimate rights and interests. The provisions of the succession law are essentially an interest allocation of heirs and estate creditors. Protecting heritage creditors is to rectify the bias which the succession law puts toward the heirs and balance the interest allocation of heirs and heritage creditors in neutral attitude. The essence of protecting estate creditors is to have heritage creditors’ rights paid, which comes from the heritage. Therefore, it must be sure that the scope of heritage is vividly clear, that the heritage is well-organized, that the heritage is used to pay for the creditors’ rights, that heritage creditors have certain relief methods after being infringed.The key problem this article wants to solve is how to establish a comprehensive protection system for heritage creditor from the perspective of macro system. It sums up the problems of our heritage creditors’ protection based on the current situation of our heritage creditors’ protection. We also need to use foreign experience for reference avoiding overgeneralization. This article tends to exemplify the scope and value of heritage through researching the conditional limited inheritance system, the system of accepting and abandoning heritage, heritage management system, ensure that the heritage is executed for the repayment of the estate creditors’ rights through setting up the legacy of public notice system, heritage management right and cancellation right of creditors, realize offbeat relief of heritage creditors through establishing heritage creditor subrogation and damage compensation claims. In addition to the entity rights, procedural rights protection is also an important part of the heritage creditor protection. So this article also recommends three kinds of exercise of litigation, i.e. the payment of heritage creditors’ rights, property preservation before litigation, bankruptcy liquidation to strengthen the protection of heritage creditors’ procedural rights.In practice, above systems can’t assure heritage creditors that their rights get full payment absolutely; they are only to make creditors’ rights to be achieved as far as possible and make the interest allocation of heirs and heritage creditors reasonable and balanced. In the concrete countermeasures of solving problems, this article creatively puts forward the idea of building the systems of heritage creditor subrogation and heritage bankruptcy liquidation, aiming at offering perfect interests protection scheme for heritage creditors from different standpoints after drawing lessons from creditor’s subrogation in the law of obligation and business failure in the commercial law.