Research On Heritage Creditor Benefit Protection

In order to protect the rights of inheritance of the heirs, China established the principle of limited inheritance in inheritance system.As few pointed out the need of the interests of creditors of the succession of the estate,they are in an unbalanced state in the event of succession, which is inconsistent with the law advocated. With the increasing problems of harming the interests of creditors, it more and more urgently to change the situations of Inheritance Law.With the increasing problems of harming the interests of creditors, it more and more urgently to change the situations of Inheritance Law. In order to protect the individuals legitimate property interest, maintain social harmony and stability, and highlight the value-oriented law,it necessary to formulate and amend some provisions, let equal statues in heirs and creditors. These have great theoretical and practical significance.Paper studies the benefits of inheritance in creditor protection theory, analyzes the problems of heritage creditor benefits protection in inheritance system, starts from China’s situation, with the purpose of realize the real interests, so the author analysis how to safeguard the interests of creditors carefully.This paper divides into four parts, removing the introduction and conclusion.The first part analyzes the basic theory of the protection of creditors’ interests in inheritance, the performances and causes of harming creditors’ interests, the ways to protect the interests of creditors.This section not only describes the relevant systems of the selection in inheritance and acquirement in heritage, but also analyzes the reasons and performances of creditors interests damage in inheritance.The second part is about foreign legislation in protecting the heritage creditors’ interests, this part specific describes the provision under the common law and civil law.The third part analyzes the current status of protection of heritage creditors’ interests, it points out the problems and reasons which exist unreasonable system of unconditional limited inheritance, unscientific define in the scope of heritage, unclear deadline about heirs accept and abandon inheritance, unclear theorder of achieving inheritance, uncompleted management system of heritage.Because of these deficiencies, it is more prominent necessary to improve the Inheritance Law.The fourth part is proposed the problems of how to improve the protection of estate creditors’ interests. According to China’s situation, the author respectively discussed the protection of creditors in substantive and procedural,and combined with the lack of Inheritance Law, based on the legislative experience of other countries. Establish the system of conditional limited inherit in substantive, accurately define the scope of heritage, clear heirs’ acceptance and abandonment the deadlines of inheritance,rational development the heritage management system, give the estate creditors specific legal remedies, launch the per-litigation heritage preservation program in procedures, scientific provision estate debt settlement order, and through the two aspects, proposing preliminary outline of the improvement in heritage creditor system.