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继承公证是指公证机构根据法律规定,因继承人的申请,证明其继承行为的真实合法的活动。继承公证的实质在于依法证明继承人享有对遗产的继承权,即继承发生后遗产的归属状况。但由于在立法层面,关于继承公证的许多法律制度均没有明确的规定,以至给公证机构在继承公证的实务中往往带来了诸多困扰。对继承公证实务中对债权人利益保护的不足进行分析,并从公证角度对继承发生后完善保护债权人利益提出若干建议。
Inheritance of notarization refers to the notary office according to the law, because of the heir to apply to prove that the succession of the real and legitimate activities. The essence of the succession notarization is that the heir shall, according to law, have the right of inheritance to the inheritance, that is, the ownership of the inheritance after the succession. However, at the legislative level, many legal systems on the succession of notarization do not have any explicit provisions, which often bring troubles to the notary public bodies in their practice of notarization. Analyzes the problems of the protection of creditors’interests in the practice of notarization, and puts forward some suggestions on improving the interests of creditors after the succession from the notarial point of view.