| With the rapid development of China’s social economy,the number and types of property held by citizens are becoming more and more abundant,and the relationship between creditor’s rights and debts is becoming more and more complicated.After the death of a natural person,his rights and obligations terminate.However,the creditor’s right and debt relationship will not be eliminated,and it needs a special civil subject to deal with the aftermath.The legacy administrator system is an important legal system for the management and disposal of the legacy.The establishment,development and improvement of the heritage administrator system have important social significance for the economic and social development and stability of our country.The estate administrator system is an important legal system for the management and disposal of the estate.Article 1147 standardizes the duties of the administrator of the estate and provides legal guidance for the management of the estate and the treatment of the creditor’s rights and debts of the decedent,which is the most important part of the whole heritage administrator system.Now the system has been formally applied,in order to ensure the smooth progress of the estate management and bring into full play the due value of the system,it is necessary to make a profound research on the duties of the administrator of the estate.Based on article 1147 of the Civil Code,this article reviews the judicial practice,combs the legislative status inside and outside the domain,and combines basic theories to explore the duties of the administrator under the Civil Code in order to provide guidance for the administrator to perform the duties.Through the investigation and analysis of the relevant cases of the application of the responsibility of the heritage administrator,this article obtains the dilemma of the application of the responsibility of the heritage administrator;Make a comprehensive study on the basic theory of the responsibility of the heritage administrator to lay the foundation for the subsequent research;From the perspective of comparative law,the article studies the causes of the dilemma of the duty application of the administrator of the estate;By integrating the previous research results,the principles applicable to the duties of the administrator of the estate are obtained,and the basic suggestions for the administrator to perform the duties is proposed.It is found that when performing their duties,heritage administrator should take into account the interests of all parties,manage and distribute the heritage fairly,and perform their duties faithfully and kindly.The path guidance for the application of the responsibilities of the heritage administrator is given in five aspects: clarifying the custody responsibilities of the heritage administrator,perfecting the system of the heritage list,adding the public notice procedure,clarifying the litigation status of the estate administrator,and establishing perfect rules for the termination of the duties of estate administrator.To realize the function of balancing the interests of the estate stakeholders,ensuring the fair and orderly distribution of the estate and maintaining the security of transactions. |
