On Reconstruction Of The Executor System Of China

An executor refers to the person or organization required by the testator in the will or in accordance with the provisions of the law to perform the will content. The executor system is very important in the Law of Succession. Although our country has established the executor system, we just clear the way of the production of the executor, and it is not complete. There are rules about a notice to the executor and the terminate of position of the executor, and it is not a specific provision, there is no practical significance. The reconstruction of our executor system should not only combine the situation of the regulation of our current law, but also draw lessons from legislation of foreign countries and the other regions. In terms of foreign legislation, The executor system of Germen is the most detailed in Civil Law System, considered in the practice of various situations that may occur. In the UK, the executor is appointed only by the testator, which is the only way that executor produced. There are some similar provisions of the executor system between the UK and Civil Law Countries except some uniqueness of the UK. The reconstruction of our executor system should not only combine the situation of the regulation of our current law, but also draw lessons from legislation of foreign countries and the other regions. The Law of Succession was implemented nearly30years. we have not made significant changes. In terms of the executor system, the existing legislation is too simple and principle, it will be the important content of revision of the Law of Succession. To reconstruct the executor system of our country, firstly, we should clear the way of the production of the executor, the rules about the way of the production of the executor is imperfect, we could get supplementary provisions on the basis of the existing legislation. But for the qualification and the accept or rejection of the duty, the Law of Succession did not make provisions, we should clear it in the process of the reconstruction of the executor system. Secondly, the choice of legal status of the executor is a controversial issue, scholars have different opinions, just because of the controversial, this problem is more important. Finally, the rights and obligations of the executor are the legislative defects of the Law of Succession, at the same time, we should make relevant requirements to the damage because of the behavior of the executor.