A Study on Succession and Obligation Relationship

• Main Authors: LIU, CHI-MIN, 柳琦閔
• Other Authors: JAU, CHIH-MING
• Format: Others
• Language: zh-TW
• Published: 2016
• Online Access: http://ndltd.ncl.edu.tw/handle/84328142542050268256

碩士 === 國立高雄大學 === 高階法律暨管理碩士在職專班(EMLBA) === 104 === The inheritance rights of property management, transactions and transfer of creditors’ rights occur upon the death of an individual or the knowledge of the death of a relative. However, inheritance does not only cover the inheritance of property, but includes the exercise of rights among relatives and the management and distribution of the decedent’s assets before his/her death. It also involves credit transfer and the scope of the creditor’s exercise of rights. Before the law was amended in 2009 to change inheritance into limited inheritance, due to a lack of understanding of inheritance laws and regulations, a lack of knowledge of the decedent’s financial status or insufficient knowledge of the law, the heir might not have applied for limited inheritance or a waiver of inheritance within the specified period before the law was amended, and had to carry a huge debt obligation and live in the shadow of the debt for the rest of his/her life, or even the whole family committed suicide due to the inability to pay off the debt. The repeated happening of similar cases shows that the past idea of "the son has to pay off the father’s debt" is no longer in line with the needs of the modern society. Therefore, in order to avoid similar cases from recurring and protect the life and property rights of the heir, the law was amended to change inheritance into limited inheritance, and the liability of the heir is limited to the estate inherited only. However, in the era before the law was amended, if the heir did not apply for limited inheritance or a waiver of inheritance within the specified period, or if the new law can not be applied to the circumstances retroactively, the heir still has to "generally inherit" the decedent's creditor's rights and debts. In addition, "hidden property", "false records of estate inventory" or "intention of defrauding creditors into disposal of estate" will cause the heir to lose the right to claim "limited-liability inheritance". Inheritance does not only cover the inheritance of property, but includes the transfer of debt obligations and exercise of rights. This paper studies the rights and obligations from inheritance, as well as creditor protection and the scope of the creditor’s exercise of rights under current inheritance laws and regulations.