论我国限定继承制度的完善

发布时间：2018-03-01 07:48

本文关键词： 继承限定继承债权人利益遗产清算　出处：《广西大学》2016年硕士论文　论文类型：学位论文

【摘要】：法律是社会现实的反映,伴随着社会现实的发展,法律同样经历了由简单向完善发展的过程。八十年代,我国《继承法》设立了限定继承制度,明确规定继承人继承遗产的,以遗产价值为限,对被继承人生前债务负清偿责任,这一规定打破了一直以来父债子偿的传统观念,是法制进步的体现。但问题在于该限定继承制度在保护继承人利益的同时,却未能对被继承人债权人合法权益予以充分保护。随着个人越来越广泛的参与到经济活动中,这一矛盾也愈发突出,对债权人利益的保护,不仅涉及到债权人个人合法权益的实现,更关系到社会整体交易安全的维护,必须予以重视。通说认为,我国现行限定继承制度主要存在以下两方面问题：一是实体上对继承人在被继承人债务清偿中的义务和责任欠缺具体规定,继承人的权利未受到应有约束,可能侵害债权人利益；二是程序上未引入清算制度,继承人履行清偿义务缺乏方法和途径。但在具体制度设计上,学者们对于应以限定继承为原则还是以概括继承为原则,以及是否应采全面清算制度争议较大。本文结合我国实际情况,分析指出我国应坚持以限定继承为原则,但要明确继承人享受限定继承利益所应承担的义务和责任；应引入遗产清算制度,但继承人白行清偿仍应为被继承人债务清偿的主要形式。
[Abstract]:Law is the reflection of social reality. With the development of social reality, law has also gone through the process of development from simplicity to perfection. In 80s, China's inheritance Law established a limited inheritance system, which clearly stipulates that the heirs inherit the inheritance. Taking the value of inheritance as the limit, we should be responsible for paying off the debt of the deceased. This rule breaks the traditional idea of the repayment of the father's debt and son's debt, and is the embodiment of the progress of the legal system, but the problem lies in the fact that the limited inheritance system protects the interests of the heirs while protecting the interests of the heirs. But failed to fully protect the legitimate rights and interests of the heirs. As individuals become more and more involved in economic activities, this contradiction is becoming increasingly prominent, the protection of the interests of creditors, It is not only related to the realization of the legitimate rights and interests of creditors, but also related to the maintenance of the security of the whole social transaction, which must be attached importance to. There are two main problems in the current system of limited succession in our country: first, there are no specific provisions on the obligations and responsibilities of the heirs in paying off the debts of the heirs, and the rights of the heirs are not subject to due restraint. The other is that the liquidation system is not introduced in the procedure, and the heirs lack the ways and means to fulfill their repayment obligations. However, in the design of the specific system, scholars should regard limited succession as the principle or general succession as the principle. This paper points out that our country should adhere to the principle of limited inheritance, but should make clear the obligations and responsibilities of the heirs to enjoy the limited inheritance benefits. The system of estate liquidation should be introduced, but the principal form of settlement of the heirs'debts should still be paid off in vain.
【学位授予单位】：广西大学
【学位级别】：硕士
【学位授予年份】：2016
【分类号】：D923.5

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