The Protection Of Creditor's Rights On Ownerless Heritage

After the death of debtor the heritage is in the situation that nobody administrates these properties, which means no one bequests or bears the debtor's heritage. In this case, how to realize the creditor's right is a problem. When the decedent owes the creditor's rights to the third party at the same time, whether or not the creditor has direct right of subrogation to the third party, scholars also dispute. The problem of the benefit protection of decedent's creditors in property inheritance has been plays an important role in the security of society and economy. As for the problem of creditor's rights on ownerless heritage,there are no related legal provisions,besides,it also lacks of theories to support. Thus,it is necessary to improve and perfect the provisions of Succession Law. It will further make a specific explanation of the protection of creditor's rights on ownerless heritage and the administrator of ownerless heritage. I start from a case, the first system that subrogation is a proprietary system beyond the design of the system is a supplement to, and ownership restrictions, its application should be carefully and strictly, Heritage claims can't be achieved through subrogation. However, there's no main legacy of the lack of legal custody, management and liquidation provisions of the law of succession is not in place, through legislation to solve related problems. The article on foreign and China's Taiwan and Hong Kong Heritage claims on unclaimed heritage protection and the establishment of manager were investigated, with China's political system and institutions set up functions, without which the main claim of our protection system put forward ideas, the main legacy of no protection and no claims on the estate manager of the main study were that the grass-roots mass self-organization as a resident self-organization, the area must have been quite natural to understand, with a mass, grassroots and autonomy, the more conducive to heritage management and clearing, grass-roots mass self-organization as administrator more in line with the principles of equity and efficiency can also be assigned according to the complexity of the estate, choose their own selection of estate liquidator or liquidators.