On The Legal Protection Of The Creditor’s Interests In Inheritance Law Of Our Country

In inheritance how to effectively balance the protection to heritance and creditors equity, not only reflects the value orientation of the inheritance law of a country, but also determines the law of succession of the basic system design. The current inheritance law attaches great importance to the protection of heritage successors in interest by the principle, the limitation of the environment is only the general provisions of an entail principle. But in real life, the heir, legatee, heritage management in order to inherit her interests often infringe the rights and interests of heritage creditors, the interests of heritage creditors are equally deserving of attention, the system design can not attend to one thing and lose another, but should find the best balance point between the two interests, in order to reflect the legal value of fairness, equality treat every civil subject. In this paper, according to the situation and problems of the protection of the creditors’ interests in the current inheritance law to be analyzed, more to its reason from the legal aspect and social aspect to be discussed. Through the investigation of Switzerland, France, Japan and other foreign systems, the choice of path to reflect China’s inheritance system reform, both entities on the system improvement also includes suggestions of legislation procedure, in order to balance the interests of heritage creditors and heirs, give the creditor and the heir of the inheritance of the equal protection of property.