Research On The Executor System

Since the promulgation of the Inheritance Law in China,it has undergone a social economy of transformation.transformation.The increase of private property has led to an increasing number of cases of inheritance disputes.The executor of testament plays an important role in the distribution of heritage,but there are still some problems in our legislation and practice.Therefore,this paper studies the executor system from four chapters:Chapter one,the theoretical analysis of the executor of the will.Firstly,it puts forward the concept and characteristics of executor of Testament and compares it with the concepts of administrator,custodian and trustee of testamentary trust.Secondly,it elaborates and analyses the different theories of executor of Testament on legal status,and puts forward some suggestions.Chapter two,the comparative analysis of the executor system in the two legal systems.This chapter introduces the ways of production,qualifications,rights,obligations and responsibilities of the testamentary executor system in the civil law system and the common law system.On the basis of summarizing the similarities and differences between the two systems,it analyses the reference points of the testamentary executor system in the two legal systems.Chapter three,from the current situation of the executor system in our country,analyses the necessity of perfecting it.Starting from the analysis of the current situation,limitations and problems in specific cases,this chapter summarizes the necessity of perfecting the system of testamentary executor in China.Chapter four,the conception of perfecting the system of executor of testament in our country.This chapter conceives the perfection of the executor system in China from the aspects of the mode of production,qualifications,rights,duties and responsibilities of the executor,with a view to making beneficial theoretical contributions to the perfection of the executor system in China.