The Protection Of Creditors No Inheritance

The problem of the protection of the interests of creditors is one of the important contents of all countries "Inheritance Law" in China’s current law of succession,"" due to historical limitations, its content is focused on solving the decedent heritage how to protect fair distribution problems and successors in interest in between the heirs, and in the protection of heritage the interests of creditors exists obvious omissions, the decedent legacy of debt settlement system content is too simple, the lack of specific design of heir rights restriction mechanism of legislation. How to protect and people with the decedent creditor coordination and balance in inheritance inheritance (hereinafter referred to as the heritage creditors) between the interests relationship, how to prevent the heirs and other interested parties to use its advantageous position inherited infringement of interests of heritage creditors occurrence, is a worthy of deep consideration and research problems, but also the revision of our country "law of succession", a great need to face and solve problems of implementation inheritance law modernization. Therefore, to improve the protection of the interests of creditors Heritage Inheritance legislation has important theoretical and realistic significance to realize the creditor’s legitimate rights and interests and the construction of harmonious society.In civil proceedings, a special kind of litigation concerning the inheritance of litigation is one of the. In1985China has formulated and implemented the "inheritance". Since thirty years, the law perfect protection and inheritance of the vital interests of related personnel. But with the development of society and economy, there has been no inheritance is the protection of the interests of creditors relative judicial issues. No inheritance is due to China’s implementation of the limited liability system of inheritance, so that creditors related interests can’t get good protection. The creditors in the maintenance of their own rights and interests, face many legal and institutional confusion. If applicable law choice, selection, distribution of burden of proof of the defendant etc..This paper summed up the domestic and foreign research about inheritance issue, under the present legal condition of the creditors in possession of an estate or manager as a defendant and the feasibility of creditors to be heir to the debtor as the defendant filed proceedings for right of subrogation of the feasibility study. And the inheritance for unmanned, put forward to improve the inheritance of the relevant laws and regulations, perfect the right of subrogation and revocation system, set up the third party account system perfect measures.Besides the preface, can be divided into four parts. The first part raises the question, carries on the analysis through the case, the legal problems in the process of inheritance, and no inheritance heritage interests of creditors damage analysis. The second part, carried on the summary to the interests of the creditors protection inheritance heritage and the legal system of China mainland and Hong Kong and Macao platform for unmanned inheritance for the assessment of the. The third part is the predicament and cause creditors to unmanned inheritance rights realization analysis. Difficulties mainly include two aspects and the plight of the legal system on a dilemma. Trouble reasons include:limited succession unconditional system; lack of specialized heritage management system; no clear acceptance and surrender provisions inherited deadlines; the absence of perfect debt settlement method and heritage creditor remedy system. The fourth part is to perfect our country’s creditors to realize the inheritance rights of unmanned proposed, namely:re positioning, adding the heritage management system add search successors and creditors and other public programs under the ownership of the legacy of unmanned allow legacy creditor’s right of subrogation and revocation of rights, establish a liquidation system of third party heritage.In this paper, through the study of inheritance in the interests of the creditors protection system for the protection of the heritage of the interests of creditors, existing problems in the system of succession of our heritage, combining the reality of our country, from the reality of interest demand, in detail in our heritage protection of the interests of creditors and the related legislation consummation.