Research On The Debt Settlement Disputes Of Bi And Jiang Et Al

After the death of the heir,there are usually two problems,namely the inheritance of the inheritance and the settlement of the estate debt.The settlement of the estate debt is closely related to the behavior of the heir.The successor of the inheritance inherits the responsibility for the debt owed before the inheritance in the inheritance.On the contrary,the heir who gave up the inheritance before the division of the inheritance can not pay the debt of the heir.responsibility.In practice,there is no shortage of inheritors to abandon inheritance.Inheritance has changed from inherited to uninherited.Judicial trials have two opposite approaches to the settlement of estate debt at this time.Either the heirs are recognized to have the right to renounce the inheritance,but the inheritance creditor does not have the right to claim the rights,the inheritance debt cannot be settled smoothly,or the heirs are free to renounce the right to inheritance,and they are still required to bear the responsibility for liquidation.The author has conducted in-depth research on the problems faced by the heirs in debt settlement due to the succession of the heirs.In addition to the introduction and conclusion,the text is divided into three parts:The first part is the introduction of the basic situation of the case,mainly the case,the case and the focus of the dispute.The author analyzes the case of the selected case,namely Bi Mou and Jiang Mojia,and the case of the debt settlement of the heirs.It is precisely because the heirs have given up the inheritance,and the absence of the heir will lead to the inheritance.Creditors cannot choose a suitable defendant.At the same time,according to the existing laws,the custodian of the estate is only responsible for the safekeeping of the inheritance.Furthermore,it is concluded that the two controversial points of the case are that if the heirs renounce the inheritance,whether the heirs who have explicitly waived the inheritance rights should still be required to pay the responsibility for the inheritance debt within the actual scope of the inheritance,and whether the custodian can use the inheritance at this time.The identity of the administrator becomes the eligible defendant to pay off the debt of the heir.The second part elaborates and analyzes the disagreements that exist in the judicial practice for the two focus issues of the case.They have introduced two practices in practice and analyzed them one by one according to the different trial grounds and referee reasons adopted by the court.The author believes that the heirs have renounced the inheritance.The heirs who have given up the inheritance rights should not be responsible for the settlement ofthe inheritance debts.The custodian of the inheritance is not the administrator of the estate,and should not be liable for the debts of the heirs.In the end,it is concluded that China's existing legal system cannot solve this problem well,and it is necessary to establish a system of administrators.The third part of the case is further combined with the draft of the Civil Code.Firstly,it demonstrates the proper establishment of the administrator system from the three levels of solving the needs of practice,the value and function of the administrator system and the extraterritorial legislation.Secondly,for the selection of the administrator,the author discusses from both sides.When the heirs give up the inheritance,they analyze the rationality of the grassroots organization in the former residence of the inherited life as the administrator,and also analyze the abandonment of inheritance.The successor,the custodian of the inheritance,and the civil affairs department of the place where the former residence was inherited as the defect of the estate administrator;once again,the duties of the administrator are explained from the four aspects of cleaning up the inheritance,managing the inheritance,determining the inheritor and dividing the inheritance;Both the prosecution and the responding parties introduced the rights of the estate administrator to participate in the litigation.Combined with the purpose of this paper,it describes the right to participate in litigation in the identity of the subject of the debtor's debt settlement dispute,in order to construct a systematic and complete administrator system.