Study On The System Of Settlement Of Heritage Debt

The most precious thing in life is life,when life is gone.Everyone's capacity for civil conduct and civil rights will be terminated,and the property he owned during his life will also be called inheritance.As long as there is an inheritance,each person must be liable for the debts he or she incurred during his or her lifetime.Before the reform and opening up,the ill-fated Chinese nation was on the verge of living without enough food and warm clothes.It has been the long-cherished wish of every family to be able to eat enough and warm clothes.However,with the great recovery of the Chinese nation,taking the reform and opening up as an opportunity,the Chinese nation is gradually realizing the great revival,more and more people start to have more and more wealth,the dispute caused by the heritage is no longer a few decimal points after PI,but become PI itself.Follow the legacy of problems such as tao tao river water is rolling in and corresponding legal system in China has failed to keep up with the pace,the shortage of the current law to rely too much on the discretion of the judge,the judge at the level of values of different lead to the referee and implementation of case,disgruntled parties will kill each other in the appeal petition and infinite patience,thus led to a greater disputes,legacy liquidation system is one of the most prominent problem.In recent years,disputes caused by the liquidation of legacy debts are common.How to better deal with such problems and effectively realize social equity and justice is a big problem in front of legislators and a big defect in the current inheritance law.This paper intends to find a solution to this kind of problem by analyzing various complicated situations of the settlement of legacy debts,which will be helpful to the construction of the rule of law in our country.This article has carried on the comprehensive analysis and the induction to the legacy debt repayment system,mainly has carried on the analysis from five aspects.The first part mainly starts from the research background and significance of the liquidation system of legacy debt.Firstly,this paper introduces what is the liquidation of estate debt,points out the serious insufficiency of the current law on this system,and then focuses on the theory(the legal provisions involve less,especially the protection of theinterests of the decedent creditors)and practice(when dealing with the liquidation of estate debt,should the joint debt of husband and wife be considered? The necessity and feasibility of this system research are discussed from two aspects.Then,this paper analyzes,discusses and compares the liquidation system of heritage debts at home and abroad,and then summarizes the deficiencies of China's current laws in this respect,and absorbs the advanced legal provisions and system ideas of foreign countries.On this point to put forward their own paper innovation,highlight their own research ideas and methods,say their own thinking.The second part briefly discusses the liquidation system of estate debt,from its definition,nature and related concepts.Firstly,it briefly introduces the theory of liquidation system of legacy debt in China,that is,the theory of broad sense,the theory of narrow sense and the theory of compromise.Then,the personal attributes and behavioral attributes of the estate debt are identified to highlight its uniqueness.Finally,the paper explains the unusual settlement of estate debt by comparing it with ordinary debt and legacy maintenance agreement.Through the judicial examples,this paper expounds the double pressure of different judgment and difficult execution in the case of the liquidation system of estate debt in China,and points out that the imperfection of legal provisions is the essential cause of such problems.At the same time,through the discussion and voice of the academic community,it calls on the judicial precedent to learn to absorb the advanced academic ideas and solutions of the academic community.It is further concluded that only by absorbing the merits of each family,not sticking to the existing cases when making decisions,and boldly making innovative judgments on the basis of law,can such problems be effectively solved.The third part mainly discusses our country estate liquidation system present situation and existing problems of our current laws and regulations about the decedent debt repayment provisions basically has two,"inheritance law" article 33 regulation: "inheritance to pay decedent according to law for the payment of taxes and debts,pay taxes and debts is limited to his legacy practical value.The portion in excess of the actual value of the estate shall not be subject to voluntary repayment by the successor.If the successor waives his inheritance,he shall not be liable for the taxes and debts payable by the decedent according to law." Article 62 of opinions on inheritance law stipulates: "if the estate has been divided and the debt has not been paid off,if there is statutory inheritance and testamentary inheritance and bequeathing,the legal successor shall first pay off the debt with his/her acquired estate;In case of insufficient repayment,the remaining debts shall be repaid by the testamentary successors and legatees in proportion to the proceeds;If there is only testamentary succession and legacy,the testamentary successor and legatee shall pay back the proceeds in proportion to the amount of the estate." Thus it can be seen that the focus of China's inheritance law and its applicable opinions is whether debts should be paid off,who should pay off and the scope of payment,while the focus of judicial practice,including the time sequence of paying off debts and dividing inheritance,payment security system and payment liability form,has not been covered.Incomplete legal norms and absence of legal system lead to widely divergent trials.Only by clarifying these problems can the liquidation system of China's legacy debt be more perfect.The fourth part is the analysis of the extraterritorial liquidation system.Firstly,this paper analyzes the liquidation system of estate debts in France,Germany,Japan and Switzerland of the continental law system,and summarizes the characteristics of the liquidation system of estate debts in the sequence,subject and method of liquidation.Then it analyzes the settlement system of legacy debt in Anglo-American law system.In the end,the author compares the system of the two legal systems and concludes the advantages and disadvantages of each system.Although the civil law system has obvious written law,the lag of the law makes it unable to keep up with the fast pace of social change.In the Anglo-American legal system,there is a huge amount of case law.Judges rely too much on cases to deal with cases without their own ideas,which are too mechanical and not innovative.Finally,we should learn to take its essence to discard its dross,and apply it to our country's inheritance debt settlement system.The fifth part is the most important part of the article,the core argument.From the above analysis,the author puts forward his own Suggestions on the perfection of China's inheritance debt settlement system.First of all,the scope of estate debts and responsibleproperty should be clearly defined,and the content of funeral expenses,estate management fees and other practical analysis of which belong to the estate series.Then,clear the liquidation sequence of the estate debt,the difference of the liquidation after the estate partition before the estate partition,as well as the liquidation subject after the estate partition and other issues to carry out practical discussions,so as to meet the will of the deceased to the greatest extent.Finally,calls for a clear estate system,our country law about the system of estate is no clear laws and regulations,to cause the decedent conclude when will happen major changes,such as death occurs not effective measures for improvement,caused many unnecessary disputes,it is imperative to establish this system.