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自然人死亡后,其遗产在处理过程中经常会遇到一组矛盾:继承人期待通过遗产的继承获得财产利益,债权人希望通过遗产的处理获得债权清偿。在这组矛盾中,继承人利益与债权人利益共同指向的目标是同一的,即为被继承人死亡后留下的遗产。利益目标的同一性与有限性会导致继承人利益与债权人利益的博弈。本文分析了我国现行的继承法律规范对遗产处理规定的不足,意图通过相关遗产处理制度的设定来平衡继承人与债权人之间的利益,化解矛盾。
After the death of a natural person, its inheritance often encounters a set of contradictions in the process of handling. The heirs expect to obtain the property interest through the inheritance of the inheritance, and the creditor hopes to get the debt repayment through the handling of the inheritance. In this set of contradictions, the goal of the successor interests and the interests of creditors point together is the same, that is, the inheritance left after the death of inheritance. The sameness and limitation of the target of interest lead to the game between heir interests and creditors’ interests. This article analyzes the current legal system of inheritance in our country which lack of provisions on inheritance and intends to balance the interests between heirs and creditors through the setting of relevant inheritance system so as to resolve conflicts.