论放弃继承与债权人撤销权

On Giving Up the Right to Inherit and the Creditor's Right to Withdraw

当债务人的行为害及债权人的债权时,债权人可以向人民法院主张行使撤销权。现实生活中,出现了继承人放弃继承而害及债权,此时债权人是否享有撤销权,此问题由来已久。解决这一争议对审判实践有重要的指导意义。债务人放弃继承而害及债权实现时,债权人可以行使撤销权,以维护自身的合法权益。

When the act of the debtor jeopardizes the creditor＇s right,the creditor is entitled to withdraw the act of the debtor by filing a suit of withdraw to the court.In practice,whether the creditor is entitled to withdraw the act of an inheritor when the act of the inheritor,who has abandoned the right to inherit,puts the right of the creditor in jeopardy.The problem has been a heated issue among academics for a long time.To solve the problem will make a significant progress in legal practice.After a comprehensive analysis of the legal system of giving up the right to inherit,this paper argues that the creditor is entitled to withdraw the act of the inheritor in order to protect his or her own legal right,since the act of abandoning the right to inherit jeopardizes the creditor＇s right.