Year: 2025
Type: article
Abstract: Cleaning up the heritage and making a list of heritage is the primary responsibility of the estate manager stipulated in 1147 of the Civil Code of China. As for the authority and path of cleaning up the heritage, the current legislation does not stipulate it. In judicial practice, the specific authority of the estate manager to clean up the estate has blurred boundaries, lack of rules, and insufficient procedural protection. Based on the right of the estate manager to obtain information, the right to clean up and keep the estate, and the right to prepare the list of the estate, it is proposed to introduce the inheritance reporting obligation of the heir, build a notification and announcement system, a crossdepartmental collaborative inquiry platform and other procedural guarantee mechanisms, and strengthen the judicial support of the procedures for issuing investigation orders and emergency investigation and control mechanisms, and optimize professional protection Barrier system, and at the same time improve the heritage list system to enrich the authority of the heritage manager. Through institutional strengthening and rule refinement, clear rules and guidelines are provided for estate managers to perform their duties.
Source: Progress in Social Sciences
DOI: 10.35534/pss.0705069
Author: Shi Jiajie
Language: English
Topic: Family and Matrimonial Law
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W4411357834