死者生前债务法律处置初探

On the Juristic Disposition of the Debt of Decedent

我国实行限定继承的继承制度,又采取的是直接继承的方式,在缺乏对继承人有效监督的情况下,对债权人的保护极为不利,有必要对继承人予以限制。死者生前和死后都可能达成债务承担协议,实现债务全部或部分转移。由此,极可能引发纠纷。这些问题又恰恰是法律所未规定或规定不全面而为司法实践所常见者。因此从解决实际问题出发,本文对此略作探讨。

Our country practices tail system, and takes direct mode of inherit. It is very disbennifit to protect debtee because there is not efficiency supervision to haeres. So it is necessary to restrict haeres. It is likely compass agreement of debt bearing among party. Therefore the debt will be transferred whole of part. And it also may lead to bother among party. All the issue is not regulated or not fully regulated by law, however we can frequently face the issue in the juridic practice. So we discuss briefly the issue for resolving the fact problem.