Dilemma And Breakthrough:Exploration Of Judicial Dilemma And Solution Path Of Estate Debt Settlement Dispute

In the dispute of debt repayment of the estate,there are many judicial dilemmas due to the imperfect legislative norms,such as how to deal with when the inheritor abandons the inheritance entirely?Should the status of the inheritor’s estate be ascertained at the trial stage?How should one spouse,who is both the joint debtor and the heir,bear the compensation ratio when joint debts are involved?These problems,the trial practice is far from a consensus.The information between the successor and the debtor is not transparent,which results in that some of the successors make the wrong decision to give up the inheritance because they do not know the debt situation of the decedent.The creditor also cannot know the property condition of the inhertior,which makes it difficult to realize the creditor’s rights even if the judgment of victory is obtained.Whether the estate debt problem can be properly regulated is also related to whether the inheritor’s estste can be properly protected,which will affect the individual’s enthusiasm for wealth creation and the stability of economic order.Therefore,it is particularly important to solve the judicial dilemma faced by estate debt settlement dispute.This article explores the causes of the above predicament by using 150 efficient judgement documents from China Judgements Online as its point of penetration and doing summary and analysis.By combining with case handling experiences on the front lines and starting from legislative proposal of theories and judicial rules of practices,this article aims at providing trains of thought for realizing unification of judgmental criterion and balancing interests of deceased,creditor as well as lender.In addition to the introduction and conclusion,this article is divided into four chapters.Chapter one is the judicial dilemma of the dispute of debt repayment of inheriyance.This chapter stsrts with typical cases and focuses on analyzing all kinds of judicial chaos in the juridical practice when the inheritor abandons the inheritance case,and explores and analyzes the causes of the judicial chaos.Chapter two is a theoretical overview of discharging estste debts.This chapter is a theoretical analysis of the estate debt repayment system,which mainly includes the definition and scope of the estate debt3 the rules and principles of the estate debt repayment,and the procedure system of the estate debt repayment.Chapter three is a comparative investigating the legacy debt repayment liability system legislative cases in the civil law countries and regions.According to the above four aspects as system,by French,Germany,Japan’s the legacy debt repayment liability system outside of similarities and difference,draw lessons form the beneficial legislative experience.Chapter four is thinking legielation of perfect the legacy debt repayment liability system in China.This chapter introduces and comments on the legislation of the above the civil law countries.Based on the suggestions of the scholars in China,and last the legislative suggestions of the legacy debt repayment liability system China are putting forward.