On The Protection Of Estate Creditors

For a long time,Chinese inheritance system focuses on adjusting the division of the inheritance among the heirs,but ignores the settlement of the inheritance debt.As for the treatment of estate debt,the legal provisions are relatively simple,which is not enough to deal with the complex situation in practice,resulting in frequent cases of damage to the interests of estate creditors,which is not conducive to the stability of economic order and the safety of property transactions.So,it is helpful to maintain the security of property transaction and realize the basic value of law.Firstly,this paper analyzes the nature of estate debt,clarifies the connotation of estate creditor,and then clarifies that in our country's legal system,estate creditor only refers to the creditors of the decedent.Then,through typical cases,it leads to the dilemma of the realization of the rights of inheritance creditors in practice.Secondly,in view of the above dilemma about the interests of creditors inheritance system of our country,mainly from the basic system,the effectiveness of succession,disclaims inheritance that liquidation,heritage,heritage creditor relief mechanism and system interface square in the face of related legal understanding and applicable were analyzed,and the specific practice of application error and system is yet to be perfect.Lastly,in view ofthe dispute or problem,put forward thinking and suggestions.Since the civil code has just been implemented,it mainly focuses on expanding the interpretation and procedure construction,including expanding the scope of the creditor's exercise of the right of revocation,expanding the interpretation of the application of the court designated administrator,expanding the application of public summons,etc.In addition,it is suggested to find out the status of the inheritance in the trial stage so that the content of the judgment can be enforceable.