Refinement and Interpretation of the Rules for Determining the Administrator of Estate
Adding the estate administrator system in the Civil Code fills the legal loopholes,a major step forward in legislation.The estate administrator is an independent entity that accomplishes a specific task,and should take the position of task theory to explain the determination of the estate administrator.Article 1145 of the Civil Code makes particular provisions on the determination of the estate administrator,which is commendable,but some doubts need to be clarified.In the first sentence of Article 1145 of the Civil Code,"the executor is the administrator of the estate",the"executor"should be narrowly interpreted as"the executor of the estate disposed of by the will".In the second sub-sentence of Article 1145 of the Civil Code,"the heir shall elect the estate administrator promptly"should be interpreted as saying that the estate administrator can be elected among the heirs or outside of the heirs.According to the fourth sentence of Article 1145 of the Civil Code,the heir who renounces the inheritance shall not be the administrator of the estate,and the civil affairs department or the villagers'committee shall serve as the administrator of the estate.
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