Research On The System Of Legacy Debt Repayment

With the continuous progress of our society,the living standard of the people has been significantly improved,and people’s property is also increasing,followed by more and more contradictions between people.Especially in modern society,if people want to get more property,they have to have economic exchanges with others,so there is a relationship between creditor’s rights and debts.Then when a person dies,his debts before his death become legacy debts.Although the inheritance part of the Civil Code has made relevant provisions on the settlement of inheritance debts,its provisions on the scope of inheritance debts,the order of settlement,the responsibility of inheritance debts under special circumstances,and the detailed system of estate administrators are not clear enough,which has led to many puzzles in judicial practice.Therefore,the purpose of this document is to make specific recommendations for improvement legacy debt repayment system through comparative analysis of foreign legacy debt repayment systems and in combination with the specific problems existing in the legal practice of China’s legacy debt repayment,so as to promote the construction of the rule of law in China.In addition to the introduction and conclusion,the full text mainly involves four parts:The first part mainly expounds the concept,characteristics and the principle of paying off the legacy debt.Firstly,it briefly introduces the different theoretical viewpoints of the settlement institutional legacy debt,namely the broad sense of legacy debt and narrow sense of legacy debt,and defines the legacy debt.Secondly,it introduces the characteristics of heritage debt,and considers that heritage debt has the characteristics of extensive scope,legitimacy of debt,property attribute in nature and liability property as heritage.Finally,it introduces the principles of the settlement of legacy debts,namely,the principle of limited inheritance,the principle of autonomy of the will,the principle of keeping a share and the principle of protecting the interests of creditors,which lays the foundation for the following discussion of the settlement system of legacy debts.The second part mainly discusses the current situation and existing problems of China’s legacy debt settlement system.At present,the relevant provisions of China’s laws on this system are not perfect,because the focus of China’s laws in the field of inheritance is on general issues such as whether the debt is paid off,while the focus of China’s laws is less on the order,procedure,and form of liability for paying off the estate debt in practice.Incomplete legal provisions will lead to different judicial trials.Only by clarifying these issues,can China’s legacy debt settlement system be further improved.The third part mainly compares and analyzes the debt settlement system of foreign heritage.First of all,the paper makes a comparative analysis of United States and Britain,the representative countries of the Anglo-American legal system,from the aspect of the scope,the order,the procedure,the responsibility and the relevant system of the estate administrator.Secondly,it analyzes the scope,sequence,procedure,subject of responsibility,responsibility undertaking and related systems of estate administrator of Germany,France,Switzerland and Japan,which are representative countries civil legislation system.Finally,some proposal are come up with the reference significance of foreign countries’ legacy debt settlement system to China,including refining the rules of legacy debt settlement;Further clarify the scope,liquidation order and responsibility of the legacy debt;Pay attention to the settlement procedure of inheritance debts;Refine the procedures such as the system of heritage inventory and the declaration of heritage creditors;Attach importance to the role of the estate manager in the settlement of estate debts.The fourth part mainly puts forward some suggestions on the improvement of China’s legacy debt settlement system based on the above analysis.First,define the scope of legacy debt.Through the analysis of disputes about inheritance expenses,funeral expenses,medical expenses and other related expenses,the scope of inheritance debts is clarified.Secondly,it is clear about the settlement order of legacy debts.It is considered that the order of settlement of inheritance debts is inheritance expenses,debts that must be left and discretionary,secured debts before taxes,taxes,unsecured debts,debts of bequest and maintenance agreements and bequests.Thirdly,improve the settlement procedure of legacy debt.That is,to refine the heritage inventory system,clarify the subject of heritage creditor’s rights declaration,and add the procedure of heritage creditor’s declaration.Maximum protection the relevant stakeholders.Secondly,make clear the main body of settlement and the responsibility of repayment of the legacy debt.The interests of creditors and heirs can be protected to the maximum extent by clarifying the subject of repayment and the responsibility of inheritance debts.Finally,improve the system of estate administrator.Although the Civil Code of China has added relevant provisions on the system of estate administrator,there is still a lack of supporting provisions on the status of the estate administrator in the process of the and the civil liability of different subjects acting as the estate administrator in the improper performance of their duties,so it is necessary to supplement them.