The Research On Protecting The Right Of Creditors In The Range Of Inheritance In China

The lawful protection on the creditors’ right in inheritance is one of the most important issues in Succession Law.Broadly speaking,the creditors,in inheritance protection system,include not only successor’s but decedent’s;narrowly,such protection is only provided for the creditors of decedent.In 1985,when enacted the Succession Law of the People’s Republic of China and the Opinions of the Supreme People’s Court on Implementing Certain Issues Concerning the Succession Law of China,due to the less financial connection between civil subjects,related regulations had paid more attention on solving the transfer of heritage interests between successor and decedent.Conversely,for creditor’s rights,only several principles were provided in that period.With the development of social economy in China,both the type and quantity of private property owned by citizens are increasing rapidly;the trade between civil subjects and the disputes caused by debt grow gradually;the social economic activities among citizens show more frequent and complicated;those regulations,therefore,has emerged plenty of demerits,especially on undertaking decedent’s obligation and property during his/her lifetime,and the lawful system for creditors protection in succession.According to the present Succession Law and its Opinion,there’s no specific punishment on the behaviors that impair creditors’ interests in the inheritance.Since the disputes between successors and creditors occur frequently,and related rules exist several shortcomings,the court are,unfortunately,in a dilemma.These systematic demerits,not only limit the well-balanced operation and development of social economy,but infringe the fairness and equality of law.Started with basic theories and provisions of protecting the legatary creditors and their interests,the dissertation,through analyzing the detrimental behaviors,tries to figure out the present situation of such protection in China,and its demerits,and thus proposing solutions to perfect the lawful system.Four sections are involved in the dissertation:First,bring up basic theories.Proceeding from the basic theories and rules of protecting the legatary creditors and their interests,to define and analyze relevant notions,especially introducing the liquidation system of inherited debt which forms the fundamental theories in such area.Second,analyze present situations and demerits.It’s essential to focus on various conditions that the interests of creditors are impaired,and then analyze the provisions in the present Succession Law.Moreover,the shortcomings can be discovered.Third,provide improvement solutions.Introducing external provisions about protecting legatary creditors’ right,can be used for reference to perfect the regulations in China.Meanwhile,connecting with the social situation,suggestions can be brought up from six aspects: constructing specific succession system limitedly;assuring the period of accepting and discarding inheritance;constructing heritage management system;establishing the liquidation process of legacy;illustrating the remedies for creditors;and regulating the joint liability of debt for co-successors.Four,conclusion.The dissertation is going to propose the conception and expectation of protecting creditors’ right in the range of succession,through summarizing the whole article and combining the specific regulations.