遗产分割后新出现债权人的受偿问题研究

A Study on the Compensation of New Creditors after the Division of Estate

摘要: 继承发生后，理应先清偿债务再分割遗产。由于遗产处理程序复杂、周期长，遗产分割后出现新债权人主张权利的现象在实践中屡见不鲜。新出现债权人不因遗产分割而丧失实体权利。根据《民法典》第1163条、第1148条及相关条文的规定，新出现债权人对法定继承人直接享有债权请求权；对遗嘱继承人、受遗赠人和酌情分得遗产的人享有不当受领返还的特别请求权；对有过错的遗产管理人享有侵权损害赔偿请求权，但该请求权的行使与上述请求权相比具有置后性；对恶意串通的行为享有撤销权。然而，考虑到紧急继承权相较于遗产债务有更高的法律价值，继承费用和共益债务在遗产债务清偿中处于第一顺位，因而新出现债权人不可向其主张责任。为减少遗产分割后出现新确认债务的现象，应当在遗产处理过程中构建通知公告制度与遗产债务申报登记制度。

Abstract: After the occurrence of inheritance, in principle, the debt should be paid before the division of the estate. Due to the complex and long period of estate disposal procedures, it is not uncommon for new creditors to claim rights after the division of estate. New creditors do not forfeit substantive rights by division. In accordance with articles 1163, 1148 and related provisions of the Chinese Civil Code. The new creditors of the estate directly enjoy the right of claim to the legal successors. New creditors have special claims against testator, legatee and discretionary partakers of the estate for wrongful recovery. The new creditor has the right to claim compensation for tort damages against the estate administrator at fault, but the exercise of the right of claim is postponement compared with the above claim. The emerging creditor has a right to rescind malicious collusion. However, considering that the right of emergency inheritance has higher legal value than the debt of the estate, inheritance expenses and common interest debt are in the first place in the settlement of the debt of the estate, so the emerging creditors cannot claim liability against it. In order to reduce the phenomenon of newly recognized debts after the division of the estate, the system of notice and announcement and the system of declaration and registration of creditor’s rights should be established in the process of estate disposal.