Research On Legacy Supervisor System

After the opening of succession heritage distribution in complete the that time theheritage of the right to precarious, and heritage is likely to be scattered for different peopleowned, at this time due to be unified the preservation of heritage and management, it is easyto happen was privately distribute, transfers, theft, damaged or even the loss, damage to theheir, legatee and heritage in the interest of creditor.This paper based on the master of JiXianlin inheritance disputes on the basis of theanalysis, leads to a series of problems, and explores the key to solving these problems lies inestablishing heritage manager system. To form a good system, must want to clear the selectionmethod, the administrator heritage of the administrator heritage is an important content duties,etc. This paper around China heritage of the construction of the system administrator isdivided into three partsThe first part is "the case introduction". This part of the combed the JiXianlin inheritancedispute.The second part is "the dispute focus". Through the case before the explanation of thepart, we can see that this case dispute focus is on the right to inheritance or legacy and notfinished before the heritage management division. The present legislation stipulates theexecutor of system and heritage the depository system, will they itself, only very broad ingeneral terms, and not formed a set of complete system. This also makes the reality ofinheritance disputes in many cases is the lack of the legal regulations related to the, to thejudicial practice to bring about a problem and the executor system and heritage the depositorythe abuse of the system has exposed. And heritage managers system that be vividly portrayed,heritage manager system has two kinds of system than before more comprehensive function,the establishment of a heritage manager system to keep pace with The Times, is an effectiveexecutor and make up for the deficiency of the heritage the depository system.The third part is "the heritage managers of the system construction ". This part of thedefinition of the manager from heritage, heritage managers to heritage to keep andmanagement distribution. Heritage and responsibilities of the administrator and althoughexecutor and heritage of the depository responsibility have the place of coincidence, but withthe two systems are compared, the connotation of a more widely. In the system Settings than executor and heritage the depository more complete. The administrator of the estate in theconstruction of system, a key problem to the legal status of the administrator is heritage, hedecided to the heritage of the administrator rights setting. About the academic circles havedifferent opinions, this part chose two representative point of view and explain a is the agencysaid, he and can be divided into the decedent’s agent said, the successor agent and heritage ofthe agent said three schools. The other is inherent right said, and he can be divided intoauthority said, limit has no right to say, tasks, said. Through the analysis of the above of view,and each has reason also have each certain drawbacks, taken together, the inherent right ofsaid task is more reasonable said. This theory is more inclined to think that heritage managerswith independent legal status, in fact, heritage managers itself should be able to in theinheritance dispute is important in balance effect, they should not be a single represent theinterests of any particular party, and should with independent poses, takes on theresponsibility of heritage management. Finally, this part of the foreign and Chinese HongKong, Macao and Taiwan regions of heritage manager system comparison methodinvestigation, the author hope to get more precious experience, and promote our country’sheritage managers of the construction of the system.Out of the consideration of paper length, in the heritage of the system construction of theadministrator, only the heritage of the administrator way to produce, heritage of theadministrator rights and obligations are expounded. Heritage of the administrator way toproduce including four: will appoint, heir elected, the court appointed heir share the role andthe default. Heritage managers and heritage the depository and compared the executor, themost obvious difference is that heritage managers enjoy more comprehensive rights. Heritagethe manager to manage, distribution of heritage; In the specific conditions of inheritance cansanctions; When heritage for others possession, heritage administrator has recourse; Inappearance and heritage of the relevant disputes, heritage administrator has participate inlitigation right; In addition, if heritage managers do not let or no longer suitable for in theposition, can refuse or request the position of manager quit heritage. Enjoys the rights at thesame time, heritage managers also should assume corresponding obligations. Heritagemanagers to within the prescribed time and prepare a reasonable heritage list heritage; In heposition of within15days after announcement and inform the heir, legatee, heritage creditors,etc.; In the inheritance of the time, doing good administrators of obligation, or loss to bear theresponsibility for compensation; At the same time, the heritage of heritage debts to the administrator to satisfy, executive bequest; In the process of segmentation heritage, want tonotice to fair and transparent.