The Problems Of Protecting The Creditors’ Interests In Inheritance

"How to balance the protection of the heritage of the heir and the interests of creditors, not only reflects the values of a country’s inheritance and inheritance law also determines the design of the basic system. "Our principle entailed inheritance laws adopted around this principle to establish a correlation heir interests and the interests of the creditors of the decedent’s protection mechanisms. But with the development of society and economy, an increasing number of citizens and property, inheritance relations also will be complicated, the event is being infringed upon the interests of creditors heir occur frequently in practice. The current law of succession has not adjusted well today inheritance, heirs interests and the interests of the creditors of the decedent direct balance protection situation is broken. In order to protect the legitimate rights and interests of citizens are not violated, In order to promote social harmony and stability, the judicial practice of succession dispute,need to improve the existing law of succession in the interests of creditors of the decedent protection system, allowing imbalances to regain balance.Heritage creditor interests protection system in the world, there are inheritance and estate management system selection system under the direct inheritance, succession and estate management system indirectly under the limit of the law of succession inheritance system also provides custody and inheritance system. But our legacy system exists to protect the interests of creditors principle entailed unconditional unreasonable, does not specify the period heir to inherit the choice, there is no clear definition of the scope of legacy debt, there is no clearly defined responsibility for co-heirs pay off debts heritage, heritage management system requirements too simple, does not give a clear and feasible heritage creditor remedies and other issues, the causes of these problems include:the development of social conditions in the current law of succession when the limit was inherited affect immature and traditional Chinese theory inherited habits.Heritage creditor protection system of Hong Kong, Macao and Taiwan regions have inherited choice system, heritage management system, compared to the Chinese mainland, they better protect the heritage of security and stability, for the realization of the rights of creditors provided preconditions, inheritance choose system provides for the implementation of specific procedures and conditions to balance the protection of the interests of creditors and heirs of the estate. Learn from Hong Kong, Macao and Taiwan regions legislation, combined with our increasingly.complex inheritance, the interests of creditors of frequent violations of the reality that China should improve the acceptance and abandon inherited system, the establishment of heritage inventory system, improve heritage management system, specifically the rights of creditors remedies to better protect the interests of the creditors of the inheritance.