論我國繼承法之修正及對金融業債權之影響與因應

• Main Authors: Kuo Keng Yang, 郭賡揚
• Other Authors: Hsiu-Hsiung Lin
• Format: Others
• Language: zh-TW
• Published: 2012
• Online Access: http://ndltd.ncl.edu.tw/handle/85169914379583367661

碩士 === 輔仁大學 === 法律學研究所 === 100 === On Amendment of Taiwan Inheritance Law and its Impacts and Countermeasures on Credits in Financial Industry Owing to developments of business transactions with changes of family types and economies, parts of the articles in Part V, Succession of the Civil Code are out of date. The original ROC succession structure adopts principles of general inheritance system. If heirs don’t claim a limited inheritance or a waived inheritance within a statutory period, they have to generally assume all the assets and debts of the decedents. In the end, unfair “Father’s Debt Paid by Son” situation could cause adverse influences on heirs. However, one of the spirits of our Civil Code is to protect financially weak ones and the highest doctrine is the principle of good faith. Every time we read magazines or newspapers, it’s common to see minors have thousands of debts just because they don’t assert a limited inheritance or a waived inheritance. Even though judges sympathize with the heirs, they have to follow the articles in the Civil Code. Because this kind of event emerges one after another incessantly, this problem should be taken seriously and this unfair and improper inheritance system should be modified as well. The Legislative Yuan passed the third reading of the amendment to parts of the articles in Part V, Succession of the Civil Code. The original inheritance structure adopting principles of general inheritance was modified to “principles of limited inheritance system,” with the exception of waived inheritance. Even though this new system can secure benefits of heirs, it decreases protections of the creditors, especially for financial institutions who are highly focusing on loan business. Therefore, how creditors should act when facing this tremendous transformation? This issue deeply affects our economy development and should be taken seriously.