On The Protection Of The Heritage Of The Interests Of Creditors

The Inheritance law of China attaches great importance to the balance and protection of interest of the heir and creditors and has established the inherited system as the principle of limited inheritance. But the inheritance law simply provides a limited principle of succession in general terms, and there is a lack of legislation and in judicial practice, there are certain obstacles. There appears a large number of problems of Inheritance of the creditor’s interest protection, so inheritance legislation needed to perfect the system of related legislation, to give effective judicial remedy for the balance the interests of the heirs and creditors and protecting the inheritance, protect the citizens’personal legal property rights and promote social harmony and stability. Therefore, the inheritance improvement of protection of creditors’interests in relevant legislation is of great theoretical significance and practical significance for the achievement of the legitimate rights and interests of the creditors, as well as building a harmonious society. This text is through the inheritance examination of the system of protection of interests of creditors, and against our heritage protection of creditors’interests in the system of inheritance issues with my actual, real interests needs, of inheritance of creditor’s interest protection in China and the related problem of perfecting legislation in details.It can be divided into four parts except preface and conclusion in this article.Part one:inheritance law for an overview of evolution of the basic system of protection of the interests of creditors and the classification of interest against creditors. This section is about the inheritance to which both systems and heritage made to inheritance in the evolution of legislation relating to creditor’s interest protection related discussion in the inheritance, and an analysis of representations and causes of infringement of interests of creditors.Part II is about the protection of creditors’ interests on foreign inheritance related legislation. This part is based on two systems of Inherited directly and indirectly, analyze the civil law countries and common law countries regarding the inheritance protection of creditors’ interests in the relevant legislation.Part III is about the insufficiency of inheritance of the creditor’s interest protection system in our country. Mainly as irrational and unconditional limited inheritance system, lack of inherited selected deadlines, lack of specialized heritage management system, the lack of the provisions of the heritage of the creditor, the lack of clear and feasible remedies heritage creditors. Through an analysis of shortcomings, we need to further clarify the need to improve and perfect the system. Part IV is about the perfection of heritage protection of creditors in system conception. In China, we have problems of our legislation law. in summary about predecessors research results of Foundation Shang, in the reference of France, and Japan, and Germany, and Switzerland, national of legislative experience, combination in China actual, we have made discussion of respectively on perfect heritage inherited of accept and gave up system, and clear heritage debt settlement order, and five aspects of clear heritage creditors relief means and give suggestions of perfect our China heritage creditors protection system of legislative recommendations.