Study On The Understanding And Application Of The Estate Administrator System

The Civil Code of China,which has been in force since January 1,2021,provides for a more detailed regulation of the estate administrator system in Title VI,Chapter 4,in terms of the selection,duties,legal responsibilities and remuneration of the estate administrator.According to the connotation of the system,the administrator of the estate shall be selected within a specific period of time between the beginning of the succession and the division of the estate through a statutory procedure,and the selected administrator shall perform specific functions and enjoy specific rights.This system has the value of ensuring the orderly distribution of inheritance,protecting the legitimate rights and interests of all interested parties,safeguarding the security of transactions and improving the efficiency of transactions,and enabling disputes caused by the uneven distribution of inheritance to be resolved more quickly.It can be said that the creation of the estate administrator system in China is the development and progress of inheritance law.However,this system is a new system,and the application of the system is in the early stage of exploration,so it is inevitable to encounter difficulties.Based on the relevant provisions of the Civil Code and other related laws and literature,we interpret the system and analyze selected cases,and find that the difficulties in the application of the estate administrator system are the controversial selection of the estate administrator,the lack of comprehensive provisions on the duties of the estate administrator,and the lack of supervision mechanism for the estate administrator.The recommendations for the dilemma are to standardize the procedure of selecting the estate administrator,to improve the duties of the estate administrator,and to establish the supervision mechanism for the estate administrator.