A Comparative Study on Succession of Limited Liability in Taiwan and the Probate in the United States.

• Main Authors: Hung-Chun Shan, 單鴻均
• Other Authors: Sieh-Chuen Huang
• Format: Others
• Language: zh-TW
• Published: 2015
• Online Access: http://ndltd.ncl.edu.tw/handle/zf7muv

碩士 === 國立臺灣大學 === 科際整合法律學研究所 === 105 === On June 10, 2009, Taiwan''s legislator’s passed amendments to the part of the Succession in Civil Code. “Succession of Limited Liability” became the default rule of inheritance law, in replacement of “Succession of Unconditional Acceptance.” However, several problems arose during the hasty amendments. “Universal Succession” is the norm in Taiwan. The title to the decedent’s property passed to the heirs automatically and by operation of law without the need for a personal representative or probate. The heirs who take title to the decedent’s estates are responsible for paying the decedent’s creditors. Under the updated Civil Code in Taiwan, debt payment obligation of heirs is limited to the range of inherited estates only. In this sense, the procedure to clarify the range of inherited estates, as well as the rights and obligations related, is of great importance to the research of “Succession of Limited Liability.” In this thesis, a comparative study is conducted on Succession of Limited Liability in Taiwan and the Probate in the United States, with an insight into researches of scholars and the inheritance law in the United States and Taiwan. The study of the inheritance law in the United States is mainly based on Uniform Probate Code. Several issues are discussed in this thesis, such as the co-ownership of the inherited estates, the recovery of estate, non-claim statues, the protection of decedent’s creditors and notices to interested parties. In sum, this thesis aims to explore and evaluate the inheritance law in the United States and Taiwan, with an attempt to comment on the amendments mentioned above.