论遗产债务的合理界定

On the Reasonable Definition of the Heritage Debts

根据权利义务相互对等之原则,继承人在继承遗产时须负担遗产债务的清偿。基于限定继承之立法目的,为了保护继承人的合法权益不受损害,应对遗产债务范围做出合理界定,即遗产债务只能是被继承人生前以个人名义欠下的完全用于被继承人个人需要或其他依法应当由其本人承担清偿责任的债务,具体包括被继承人生前因生活需要、生产经营、合同、侵权、不当得利、无因管理、遗赠扶养协议以及其他原因等所负债务。继承人应在其所得遗产的实际价值内对这些债务负担清偿义务。

According to the principle that the rights and obligations are mutually coordinated, the successor has to pay off the heritage debts when he inherits the heritage. For the definition of the inherited legislation, and to protect the successor＇s legal rights, the definition of the heritage debts should be made out. The defini-tion is the debt that the decedent personally owed when he was alive and that was totally used to meet his needs or that should be assumed by the decedent according to the law whether he spent it on the living needs, the production and business, the contract, the infringement act, the illegal profit, the agreement on the be-queath or the foster, and the like. The successor has the obligation to pay off the heritage debts when he inher-its the heritage.