Researches On The Liability System Of The Discharging Estate Debts

The liability system of the discharging estate debts is the system of property responsibility, it is very important to protect the interest of both the inheritor and the estate creditor in the process of inheriting and discharging of the estate debts.our inheritance law and other relevant judicial explanation do not make out the detailed provision on the discharging of the estate debts. and the result is that the interest of the estate creditor can not be well protected by filing civil lawsuit.Thus, it is a necessity to further improve and better both the settlement procedure of estate debts and inheritors debt settlement responsibility to make sure discharging of the estate debts.The advice on bettering the liability system of the discharging estate debts is proposed on the basis of analysis of other countries relevant legislation,and the theoretical research done by scholars in our country,which aims to protect both heritage heirs and heritage creditors’ interests.The article is composed of five parts.In the first part, the problems are elicited by typical cases. It introduces that the judge do not investigate the partition of inheritance and value of the estate due to the imperfect of liability system of the discharging estate debts. Besides, the judge require heir to discharge estate debts which contribute to the execution difficulties and the result is that the principle of preferential right of estate debts cannot be realized.The second part points out the necessity of researches on the liability system of the discharging estate debts,such as protecting the interest of the estate creditor,appropriately resolving disputes in judicatory practice, acquiring correct ideology and making sure the safety of business.The third part is an introduction of the limited liability of the discharging estate debts. Our country’s current law of Succession do not make out the provisions on the settlement procedure of estate debts and inheritor undertake limited liability of the discharging estate debts. However, some civil law countries make out the provisions on the settlement procedure of estate debts,and it is the precondition for inheritor to undertake limited liability of the discharging estate debts. For protecting the legal rights of the creditor of the legacy and inheritors, it is a necessity for our country’s law of Succession to perfecting settlement procedure of estate debts.The fourth part is an introduction of the unlimited liability of the discharging estate debts. The unlimited liability of the discharging estate debts can be classified as the voluntarily and legal liability. Unlike other civil law countries, inheritor in our country do not undertake unlimited liability of the discharging estate debts. Academic member have different views on whether our country’s law of Succession to make out the provisions on unlimited liability of the discharging estate debts. My view is that it is not necessary to import unlimited liability of the discharging estate debts and I make an explanation about it.The fifth part is an introduction of the inheritors’ debt settlement responsibility. Our country’s current law does not make out the detailed provisions on the right-duty,which inheritors should take in the process of inheriting and discharging of the estate debts. And the estate creditor have difficulties to realize the relief of right. According to the partition of inheritance, My view is that inheritors’ debt settlement responsibility should be different when the estate have been divided up or not.