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China 's executors system

Author: ZhangDeZhi
Tutor: LiuShiGuo
School: Fudan University
Course: Legal
Keywords: Executor Testamentary trust Legal status Responsibilities
CLC: D923.5
Type: Master's thesis
Year: 2009
Downloads: 289
Quote: 4
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Abstract


The executors system is the law of succession in an important system. Most countries civil law executors system detailed requirements, our inheritance also established a system of executors, but the content is very simple, is far from meeting the needs of the judicial practice. Therefore, it is necessary to strengthen the the executors system and perfect. This paper to explore the theory of the executors system and comparative analysis of the system of national executors, and put forward concrete recommendations to improve the the executors system in China. In addition to the introduction and conclusion This paper is divided into four parts: the first part: the part of the author of the \to take the necessary actions. To the executor divided into simple executors and executors complex. Simple executor executor system mainly related article from China's mainland, Taiwan, Macau, Hong Kong, to examine the executors system. Complex executors mainly related to the heritage trust system. This paper argues that the provisions of jurisdictions of our executors system the perfect reference. Part II: the basic principles of the executors system first introduced the legal status of the executor, a solid right to say and the power of attorney in favor of the trustee said, I prefer the trustees said: Second stresses executor generation from the generation of the way, the executor of the eligibility requirements, the inauguration of the executor and refused three aspects of discourse; then discusses the rights and obligations of the executor and the executor responsibilities, rights and obligations of the executor the range depends on wills, legal provisions may be; executor's responsibility to distinguish between paid and unpaid two cases, and to determine the degree of responsibility in the process of carrying out their duties due to intentional or no fault of their own to others losses should bear the liability. Finally, the end of the executors duties. First, due to death or incapacity of the end; end because of his dismissal; submitted his resignation and the end of; Fourth wills executed and the end. Second, third, and highlights. Part III: \problems that need attention. Finally, from the generation of the executor, the executor of eligibility, the rights and obligations of the executor, co-executor, the executor duties end of several specific recommendations to improve the system of China's executor. Perfect trust the legal system, the tax system, the popularity of the concept of trust, strengthen supervision, build credit system put forward concrete proposals to improve our testamentary trust system. Part IV: \First, to assist the testator to make a will; lawyers of wills witness and custody services: Third settle a notary; lawyers testamentary trust enforcement practice.

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CLC: > Political, legal > Legal > Chinese law > China and France > Law of Succession
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