Research On The Settlement System Of Inheritance Debt

At present,the relevant provisions on inheritance debt in our country are the Inheritance Law of the People's Republic of China formulated in 1985,hereinafter referred to as the Inheritance Law,and some opinions of the Inheritance Law.These legislative contents have many principled provisions on the treatment of inheritance debt of the decedent,and lack of specific and detailed operable provisions,which often make it difficult for the inheritance creditors to protect their land rights For example,a loan made by B before the death of the heir A is guaranteed by B and because A is unable to repay the loan when the repayment date of the loan has expired,B repays the loan.Later,A died in an accident,whether B has the right to claim liquidation from his legal heirs,such as his wife,children,etc.How to ascertain the scope of the inheritance debt,by whom to ascertain,and the heir abandons the inheritance? The claim that the heir has not left any legacy is a question of whether the claim is true or not and who should bear the burden of proof.Because the scope of the legacy debt,the procedure of the settlement of the legacy debt and the order between the inheritance and the settlement of the debt are not clearly stipulated in the law of succession in our country,creditors often claim that the legacy debt should be liquidated in practice.Many obstacles,this article will elaborate on the background and reasons for the lack of legislation,and make a comparative analysis of the legislative provisions on the system of settlement of inheritance debts in our country with those of typical foreign legislative countries and Hong Kong,Macao and Taiwan regions.It will start with the problems existing in the legislation on the settlement of debts of the heirs in the Inheritance Law of our country.Firstly,it will point out the legislative right to the settlement of debts of the heirs.The problem caused by the ambiguity of the scope of inheritance is that the scope and form of inheritance are far from the situation of decades ago.The diversification of the scope of inheritance requires the perfection of legislation to incorporate new forms of inheritance into the scope of legislation.Imagine that if the scope of inheritance is not clear,the creditors of the heirs claim their rights will not be guaranteed.Secondly,clarifying the scope of inheritance debt is the premise of clarifying the scope of inheritance debt.Claims for rights need to be justified by law,and any rights claimed by creditors to the heirs need to be justified by law.The provisions on the scope of inheritance debt in our legislation need to be further clarified.At present,there is a great controversy about the order of settlement of inheritance debts in the disputes over the settlement of inheritance debts of the heirs.When the inheritance left by the heirs is not enough to pay off the debts owed by them,what kind of order of settlement should be followed to meet the principle of fair and reasonable settlement so as to protect the interests of creditors can be reasonably liquidated,while the inheritance law of our country is about inheritance.There is no clear legislative regulation on the order of debt settlement,and the resolution of disputes in this respect urgently needs clear legislative provisions.Moreover,the problems and shortcomings of the settlement procedure of inheritance debts and the system of inheritance administrator make it difficult to determine the order of settlement of inheritance debts in judicial practice and confuse the settlement procedure.For example,in practice,there are cases in which the heir dies.If the legal heir's act implies that he inherited the mortgaged assets,the court held that the act of the legal heir does not mean that he inherited the inheritance and debts of the heir,so the inheritance of the inheritance of the inheritance is a legacy.Whether there should be a fixed procedure between the liquidation and disposal of property or whether the inheritance of property and the liquidation and disposal of heritage should not interfere with each other and be parallel to each other also have certain exploration space.This problem can be attributed to the procedures and methods of liquidation of inheritance debts.Whether the successor inherits the estate or not will have an impact on the court's judgment that the successor will pay off the debts of the decedent within the scope of the estate.In practice,there are also such cases.Even if the inheritance does not have an actual inheritance,it will not affect the court's judgment that the inheritance is liable within the scope of the inheritance estate,because the court considers that this issue only affects the ability to Some court jurisprudence holds that if the heir does not actually inherit the estate before it is disposed of in the course of execution,he will not be liable for debt liquidation and his legitimate rights and interests will not be impaired.The judgment of the court is scientific,so the actual legislation needs whether the heir inherits the estate or not,and whether there are conflicts in the judgment of the court whether the heir undertakes the liability of debt settlement within the scope of the heritage.It also needs further clarification of the legislation to reduce the phenomenon of different judgments in the same case caused by different understandings of the judge's articles.The common civil debit and credit disputes in real life,the interests of the creditors of the heirs are often difficult to maintain,and the unconditional limited inheritance system provides a legal haven for the heirs to deal with the inheritance arbitrarily,which also needs to be corrected urgently from the legislative aspect.Based on the deficiencies of legislation on the system of settlement of inheritance debts in our country,the improvement of relevant systems and the solution of problems in practice,this paper makes a thorough study on the problems existing in the system of settlement of inheritance debts,especially on the controversial system of settlement of inheritance debts,carries out multi-angle and all-round research and exploration,and elaborates in depth on China's system of settlement of inheritance debts.The Deficiencies of the System of Settlement of Debt of Heritage and the Theorists 'Inheritance...