论多个继承人对被继承人之债务的责任定性

On the Nature of the Successors' Liability to the Deceased's Debts

在有多个继承人的情况下,被继承人死亡后遗产未分割这段时间内遗产的归属问题值得思考,应认为各继承人之间产生共有关系,且该共有的性质为共同共有。遗产未分割前,各继承人对外承担连带责任;遗产分割后,共有关系解体,各继承人对外承担按份责任,但该按份责任的承担应是均衡的,而不应有特殊的限制,由此考量《继承法意见》第62条的合理性便是必不可少的过程。遗产债务清偿有诸多问题的关键在于遗产分割程序的不完备,对此有必要进行一定的改善。

When there are two or more than two successors, the ownership of the inheritance should be considered. It should be confirmed that there is a co-ownership which nature is joint ownership. Before the division of the inheritance, the successors undertake joint liability ; and after the division of the inher- itance, which means the dissolution of the co-ownership, the successors undertake shared liability, which, however, should be balanced and without any special limitation. As a result, considering the ra- tionality of Article 62 of the Inheritance Law is absolutely necessary. The key that there are so many prob- lems in the paying of the deceased＇ s debts is the deficiency of the division procedure and which, as a re- sult, should be improved.