Research On The Legal Status Of Estate Administrator

With the continuous development of social economy and politics in our country,the types and quantities of citizens' wealth have increased,and a large part of these properties will become heritage,resulting in the increasing occurrence of heritage disputes.However,due to historical limitations,the current inheritance law inevitably lags behind in resolving inheritance disputes.On the basis of drawing lessons from foreign legislation and experts and scholars of our country on heritage management,this article is divided into three parts around the elaboration of the legal status of heritage administratorsThe first part is the introduction of the problem.First ofall,through the analysis of the current inheritance law in China,we find that the legal provisions and contents concerning heritage,management are very brief,and only the system of the executor and the system of the custodian of the heritage are stipulated at present.These two systems only make the principled provisions,which lead to their passivity and negativity in resolving disputes.Secondly,with the continuous development of China s economy,the construction of the rule of law does not exist.Deepening constantly,the occurrence of heritage disputes is frequent and scattered.Simply depending on the inheritors to deal with the inheritance of heritage issues,sometimes it will lead to more disputes Therefore,from the perspective of inadequate legislation and judicial doubts,it highlights the urgency of establishing heritage administrators.The second part is the concrete analysis of the theory of the legal status of the administrator of extraterritorial heritage.It mainly includes the theory of principal agent,inherent right and trust relationship.Among them,the agent said that the estate administrator was defined as an agent.According to the different interest groups represented,the agent was divided into:the agent of the heir,the agent of the heir and the agent of the legal person of the estate consortium.The theory of inherent right regards the rights and obligations of heritage administrators as their inherent rights,and does not represent any interest groups.It is also divided into three parts:the theory of organs,the theory of restricting property rights and the theory of tasks.In addition,some scholars have accepted the theory of trust relationship,which regards inheritance as trust property,while the administrator of inheritance becomes the owner of trust property because he accepts entrustment and can dispose of the inheritance in his own name.The third part mainly discusses the determination of the legal status of our heritage administrators.The legal status is the subject s rights and obligations in law.Therefore,the third part firstly clarifies the legal status of our country's heritage administrator and regards the heritage administrator as the agent of the heir,whose main purpose is to safeguard the interests of the heir.Secondly,on this basis,the rights and obligations of heritage administrators are clarified.According to the order of inheritance,it can be divided into three steps:the determination of the scope of inheritance,the management of inheritance and the distribution of inheritance.The rights and obligations of the administrator run through these three steps.As far as the scope of heritage is concerned,the right of the administrator lies in collecting heritage.Any person who possesses the heritage must transfer the heritage to the administrator in time.Even if the estate is disposed of under special circumstances,the price should be transferred and specified.The corresponding obligation is that after the administrator has collected the heritage of the decedent,the administrator should promptly base on it.In the management of heritage,the administrator's right lies in the preservation of heritage,and in some special cases,the estate can be disposed of within a certain limit,including the disposition of heritage,the use of heritage for investment and financial management,and even the application for bankruptcy to the court.The corresponding obligation is to apply to the court for starting public notice procedure to search for the relevant obligee when the obligee is not clear,and at the same time,to do a good job of examination to prevent the occurrence of false obligee from attempting to obtain the interests of the inheritance,infringing on the integrity of the inheritance and damaging the rights and interests of the inheritor.As far as the distribution of the inheritance is concerned,it is both a right and an obligation for the administrator of If disputes arise in the process of inheritance,the administrator will also fulfill the obligation of participating in litigation.The author will make a specific explanation in the article.In addition,in the process of performing their duties,there are rights and obligations related to their own interests,including the right to remuneration and the obligation to prohibit the estate administrator from self-trading in the performance of his duties.