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

The legal protection of creditor's interests in inheritance heritage, including generalized heirs of the decedent's creditors and creditors(creditors) to protect their interest; narrow sense refers only to the legal protection of the decedent's creditors. This paper mainly discusses the legal protection of creditors' interests. China's current law of succession > < Chinese the People's Republic of China(hereinafter referred to as the "Inheritance Law") to protect the interest of the successor on the core position, the heir and inherited the legal norms the relationship between people, ignoring the protection of the interests of estate creditors, causing legacy debt disputes in real life increased, heritage damaged the interests of creditors, their request not to resort to the law. By defining inheritance principle of unconditional use of China's law of succession, inheritance interests are well protected, and the provisions of protection of heritage creditors almost nothing. There is no perfect and undertake the following Give up system, extreme lack of legacy of debt settlement system, especially in the common inheritance, the successor in the legacy debt disputes responsibility shared unknown, mutual shirk responsibility, serious damage to the interests of heritage, leading to claims of heritage creditors cannot be achieved. In this paper, based on the heritage protection of the interests of the creditors in the law of the related theory of heritage creditors' exposition and overseas countries and regions to carry on the elaboration, we can see China's inheritance law relating to the interests of heritage creditors provisions. By putting forward some suggestions of protection of the interests of heritage creditors, and ultimately the formation of the legal system of the system of heritage protection of the interests of the creditors.