Study On Settlement Of Heritage Estate Debts

In recent years,with the rapid development of various economic and social undertakings,the inheritance law promulgated and implemented in1985 in China cannot fully adapt to the rapid development of China's economic level and all the problems involved in the inheritance today due to the restrictions of various factors such as long history and limited formulation conditions at that time.Therefore,this paper makes a comprehensive and detailed study on the debt repayment of the estate through literature research and comparative study.In combination with China's existing laws and regulations on the basis of the heritage debt repayments rules,through the analysis of China's judicial documents the 300 judicial cases in the net,in the form of chart,pie,etc,on the case of the type,the main problems and causes of the various problems in statistics and research,it is concluded that heritage debt-service mainly exists in the judicial practice heritage range review is difficult,heritage debt relationship with husband and wife together debt comb is not clear,fuzzy range of legacy debt,priority problems such as unclear and responsibility distribution rule are not clear.At the same time,by comparing and referring to the advanced systems and relevant regulations of other countries,and referring to the relevant studies and discussions of most Chinese scholars in the field of inheritance debt repayment,this paper makes a specific analysis and summary of the causes of the problems.At the end of the article,the author based on China's basic national conditions and the level of economic development now,at the same time,combined with foreign advanced legislation experience,to the legacy debt repayment system legislation proposed a series of concrete opinions and Suggestions,namely clear scope,clearly China heritage debtrepayment liability for the debts of the heritage of allocation rules,establish liquidation method and sequence of legacy debt in our country,in order to further perfect our heritage liquidation system,and operation.