The Improvement Of Creditor's Interest Protection In The Lawful Inheritance By The Law Of Inheritance

Since the promulgation of "Inheritance Law" in China for thirty-one years, it is limited to the legislative background and legislative technology at that time. The law does not make perfect provisions for the protection of creditors. With the development of society and economy and creditor's inheritance Activities of the property by the substantial increase in cases of infringement, the law in the protection of creditors is more obvious. Among them, the limitations of inheritance principles exist,the scope of heritage is unknown, the lack of heritage management system, to give up the lack of clear time limit inheritance, and restrictions on the abandonment of the provisions of the imperfections of conduct.Therefore, after comparing the relevant legal systems, it is suggested that the principle of limited inheritance be changed unconditionally in the Inheritance Law of our country, which is conditional inheritance,establish the heritage inventory system, set up the estate management system and increase the notice system. Inheritance and the heirs to give up inheritance restrictions, in order to balance the law in the inheritance activities for heirs and creditors protection.