The Protection Of The Creditor Of Heirs Before The Division Of Estate

The Inheritance Law of our country focuses on the protection of the heirs and the creditors of the decedent,and does not stipulate the protection of the rights and interests of the heirs' creditors.In real life,heirs giving up inheritance to circumvent their debt occurs.Before the nature of the inheritance and the effect of the division of the inheritance is definite,the general provisions of the protection of creditors in "Contract Law" applying to the Inheritance Law has been questioned.When the heirs just own the right of Inheritance,Heirs of the creditors achieving their own claims through the estate are in dispute.The creditor's invalid application for waiver of succession to the court is also difficult to be supported in most cases because of the limitation of the scope of the legal obligation.To discuss the protection of the creditor of the heir before the division of the estate,it is necessary to solve the problem of the ownership of the inheritance before the division of the estate,the balance between the creditor of the successor and the creditor of the heir.The inheritance of modern society is purely inheritance of property,inheritance is a quasi-property right.When the heir's creditor realizes his own claims through the estate and the heir is disinherited,the real heir has the right to exercise the right of succession to restore his right to the object,but the right should be restricted by the system of goodwill to maintain Economic order to protect the security of transactions.We can make the following conclusions by comparing the legal protection of creditors in the countries such as Germany and France and facing the problem in the judicial practice of three different performance.It is necessary to clearly stipulate the abandonment of the inheritance time and to determine the ownership of the estate as soon as possible.When the heir abandon his inheritance for the purpose of harming the interests of the Creditor of Heirs,the creditor has the right to revoke the action of abandonment and gains the priority of compensation for property.On the the protection of the creditors of heirs and the creditors of the decedent,the creditor shall be entitled to the priority of the property of corresponding debtor.