Study On The Application Of The Estate Administrator System In The Civil Code

The newly added system of estate administrator in our country’s Civil Code covers the emergence,duties,civil liabilities and rewards of estate administrator,which not only makes up for the system vacancy in the field of property inheritance,it is also in line with the current international legislative practice in the field of inheritance law.After the beginning of succession,the system of the administrator can play an important role.After the administrator is selected according to the will or the law,the administrator performs the duties of custody,liquidation,disposal and division of the estate.In this process,if the administrator is devoted to his duties,fair and efficient,he will,on the basis of full respect for the will of the decedent,protect the interests of the heirs and other bearers to the greatest extent possible,and then maintain the harmony of family relations,promote the harmonious and stable development of society.The system of administrators provided for in the Civil Code has been in force for more than two years and reflects many problems in its application,such as the inadequacy of the qualifications and rules for the selection of administrators,it leads to the difficulty in the application of the selection of the administrator of the estate;The order in which the estate administrator deals with the debts is not clear,which is easy to lead to the disputes of settling the debts in practice The right to claim compensation for the administrator of the estate has not been made specific norms and the nature of civil liability has not been clearly divided.Although the system of estate administrator is still in the initial stage in our country,it has already formed a more perfect system in other countries,it provides inspiration for the application of this system in our country.At the same time,combined with our country’s tradition of inheriting norms,on the basis of adapting to the new era of the Civil Code,first of all,the use of purpose interpretation,system interpretation and other means,to solve the problem of the application of the estate administrator system,the existing regulations are applied by analogy.When the method of legal interpretation is difficult to solve the existing problems of application,then through the way of improving judicial interpretation to solve.First,the qualification of the administrators should refer to the qualification standards of general agents,select the administrators according to the prescribed order,and strictly distinguish the subjects and duties of the administrators and the custodians.Second,the administrator’s duty of “The implementation of other necessary acts related to the administration of the estate” as a broad understanding of the provisions,the administrator for the purpose of safeguarding the interests of the estate,may independently initiate a civil action in its own name.Third,when performing his duties,the administrator shall discharge the debts in the following order: inheritance expenses,secured debts,debts involving subsistence interests and taxes,ordinary debts,bequests.Fourthly,the civil liability of the estate administrator is defined as tort liability in nature,and the principle of fault liability is adopted.The main mode of liability is to compensate for losses.When there are multiple estate administrators,the estate administrator shall bear joint and several liabilities to the outside world,to assume responsibility for the internal.Fifth,the right to remuneration of the administrator of the estate can learn from the relevant provisions of the insolvency administrator of our country,the remuneration is determined in consultation with the other heirs and can be brought before the court if no agreement can be reached;when the court determines the remuneration scheme,the relevant factors shall be taken into account in a comprehensive manner.