On The Legal Protection Of The Creditor’s Interests On The Heritance

Protecting the interests of heritage creditors is an important principle of inheritance law. Because in most countries’ inheritance law, maintaining heritage was first used to pay off the debts of the decedent, embodies the heritage protected by the laws of the oblige interests. However, inheritance law in our country for the protection of heritage creditors, confined to a few fundamental rules, it is difficult to really practical operation in practical life. And the inheritance law in China is largely tend to heir interests. Good balance between heritage creditors and heir, therefore, the interests of the most main is to carry on the legislation, need to accurately define the heir entail suitable conditions, at the same time set up corresponding supporting measures, finally realizes the effective debt repayment and interested subject of right.In this paper, in addition to the introduction, mainly divides into four parts: The first part mainly introduces the basic theory of heritage creditor benefit protection, based on the importance of the heritage debt scope, this part of the heritage debt covers various debt has carried on the detailed narration, draw the concept of heritage creditors and include type. Second, it tells about the protection of heritage, dividing the basic system of the creditors’ interests into selection system and inheritance system, it is helpful to further research.The second part analyzes the inheritance law in China on behalf of the interests of heritage creditors, and a brief evaluation, explain the current legislative status quot; Then mainly from the five aspects elaborates the deficiency existing in the inheritance law system in China. Because of the inheritance law in our country’s background and the current social environment is far, so for complex inheritance activities, the existing legislation has obvious loopholes, need to adjust.The third part is to investigate and analyze the foreign regulations related to the protection of heritage creditors system, it can be divided into indirect inheritance inheritance system and direct inheritance, so this chapter first discusses the direct inheritance system in the interests of heritage creditors under the civil law countries this aspect of the related system. Choosing the three countries such as Germany, France and Switzerland as the representative, elaborated the three heir under the limited inheritance system, the applicable conditions, such as German law need heir create real and complete during the legal heritage list etc.It also introduced the inheritance system choose to give up the choice of terms and methods; including the official clearing system of Switzerland, to a certain extent, to protect the interests of heritage creditors.And briefly introduces and discusses the indirect inheritance system of Anglo-American law system countries related system, selection of America, for example, enjoy the heir to the inheritance does not participate in the liquidation process rules. Creation and heritage list by the estate agent, and the heritage list be submitted to court, to protect the interests of heritage creditors greatly.The fourth part mainly elaborates how to improve the system of our country’s in the interests of heritage creditors. First it shows the indirect regulation in the inheritance of related systems, it is not operational in our country, therefore to the improvement of the system of inheritance, primarily it is the premise through direct inheritance system.The current situation of China’s legislation of stated earlier in this chapter and the shortage of perfect mainly from five aspects: one is for the applicable conditions of the entail regulations, including setting heritage list system and clear accept heritage list of the competent authority; Second it is the time and the way the successor who disclaims inheritance, in the case of draw lessons from foreign regulations,we think two months will be more appropriate;And because of disclaiming inheritance involves the interests of the interested subject, so request in writing;Third,it is clear that specification the estate system, respectively from the estate how to determine, what kind of responsibilities shall bear the liability for compensation of interpretation; Fourth is the specification of legacy debt repayment sequence, combined with actual situation existing in our country, the author according to the properties of all kinds of debt, sorting for the repayment of the debt; Fifth is to clear the heritage creditor relief means.