The personal representative of the estate in the role of fulfilling the obligations of the property left by the deceased - From a comparative perspective of the laws of the French Republic, the United States and the experience for Vietnam

Abstract

Upon an individual's death, they may leave behind not only assets but also debts. In such cases, the heirs, while entitled to inherit the assets, must also obligated to settle the debts left by the deceased. The Civil Code initially assigns this obligation to the heirs. However, if the estate has not yet been divided, the debts left by the deceased shall be settled by the estate administrator, as agreed upon by the heirs, within the limits of the estate. So, who is the estate administrator? And what is their role in fulfilling the obligations of the deceased's estate? By comparing the estate administrator role in Vietnamese law with those in France and the United States, this paper delves into two key areas: Introducing the estate administrator concept in the laws of Vietnam, France, and the United States; and the role of the estate administrator in fulfilling the obligations of the deceased's estate under French, US, and Vietnamese law, along with lessons for Vietnam. This paper then presents the similarities and differences between Vietnamese law and the laws of these two countries. Combined with an analysis of the shortcomings of the regulations, selectively learning from the experiences of these countries is necessary to improve Vietnam's inheritance law and ensure that debts are settled fairly and efficiently.