Question about karma Does the father s debt really have to be paid by the son?

There seems to be some influence on cause and effect, but don't just be fooled by superficial phenomena, cause and effect are methodical, not arbitrary. Some of the causes and effects of the so-called repayment of the father's debt to the son may be as follows: the father has a heavy karma, so he incurs a lot of resentment, and these may affect the whole family.

The father's misbehavior may cause resentment and distress from his wife and son, and these distresses will affect the son's feelings and behavior, making him have bad tendencies towards his feelings, such as not believing in love, or expecting love too much, which may make him unable to face it objectively in real life, so that it is normal to lead to unfavorable feelings. Of course, whether there is a deeper cause and effect, I can't see.

In addition, most of the examples I have heard of are that the father is unkind and the son is unfilial, and most of the sons born are debts and lost their families. This is the situation as I understand it.

And in this case, if your son himself does not recognize the situation and risks he faces, and fails to recognize his own shortcomings, then his own rugged fate will also be borne by himself.

Cause and effect, generally speaking, are the good and bad retribution brought about by one's actions in one's previous life or in another previous life. The relationship between father and son is also caused by karma, so there are also such factors. It is that the elders have no virtue and harm the children and grandchildren.

Under normal circumstances, the debts owed by the father and the son do not need to be repaid, and there is no such legal provision in China for the repayment of the debts of the father and the son. Because every person with full capacity for civil conduct needs to be responsible for the civil legal acts he makes, and does not need others to be responsible for his actions.

However, if the father dies and the son inherits the father's estate, the son is liable for the repayment of the father's debts, but only to the extent of the value of the inheritance. For the part of the debt that exceeds the actual value of the estate, the heirs can choose not to pay it.

Legal Basis of Min Lao Nuclear].

Article 1161 of the Civil Code stipulates that the heir shall pay off the taxes and debts that the decedent shall pay in accordance with the law to the extent of the actual value of the inheritance. The part exceeding the actual value of the estate shall not be subject to voluntary repayment by the heirs.

If the heir renounces the inheritance, he or she shall not be liable for the taxes and debts that the decedent shall pay in accordance with the law.

From a legal point of view, the debt of the father is not necessarily repaid by the son.

The inheritance part of China's Civil Code (in force) stipulates that "the inheritance shall pay off the taxes and debts that the decedent shall pay according to law, and the payment of taxes and debts shall be limited to the actual value of his estate." The part exceeding the actual value of the estate shall not be subject to voluntary repayment by the heirs. If the heir renounces the inheritance, he may not be liable for repaying the taxes and debts that the decedent should pay in accordance with the law.

It can be seen that the key to whether children need to repay their parents' debts depends on whether the children have inherited their parents' inheritance. Those who have inherited an inheritance shall repay their parents' debts to the extent of the actual value of the inheritance; If the debt owed by the parents exceeds the actual value of the inheritance, the child may not pay the debt, but the law of voluntary repayment does not interfere; Third, if a child renounces inheriting his parents' estate, he or she may not be responsible for repaying his parents' debts.

It can be seen from this that "repayment of debts from the father to the son" has become an erroneous concept today and can no longer be applied at all. No one can now claim that the heirs can use their own property to pay off the debts of the deceased in addition to the value of the inheritance.

1. What should I do if the debtor is missing?

If the debtor refuses to repay the debt, the creditor can realize the claim by filing a lawsuit in court. However, there is a statute of limitations for filing a lawsuit, and claims that have passed the statute of limitations will not be protected by law. Therefore, many debtors evade the statute of limitations by disappearing to achieve the illegal purpose of evading debts.

Therefore, in order to protect the creditor's rights, there are the following remedies for the debtor's loss of ambition:

1. The debtor has been missing for less than two years.

The limitation period for claims begins to run from the expiration of the time limit for performance. At the same time, Article 194 of the Civil Code stipulates: "If the right to claim cannot be exercised due to force majeure or other obstacles within the last 6 months of the period of validity of the lawsuit at the time of litigation, the statute of limitations shall be suspended."

The statute of limitations period continues to run from the date on which the reasons for the suspension of the statute of limitations are removed. "The statute of limitations is interrupted by the filing of an action, the request of one of the parties, or the agreement to perform an obligation. ”

It can be seen from this that the statute of limitations can be extended in the above ways to avoid the unprotected claims that have expired.

2. The debtor has been missing for more than two years.

If the debtor has been missing for more than two years, then according to the provisions of Chinese law, he can apply for a declaration of disappearance. The subject of the application for declaration of disappearance should be the debtor's relatives and interested parties, and the creditor is an interested party and may apply for a declaration of disappearance. After the declaration of disappearance, in accordance with Article 42 of the Civil Code, the property of the missing person shall be held in trust by his spouse, parents or other close relatives or friends.

Taxes, debts and other expenses due to the missing person are paid by the custodian from the missing property.

Legal Analysis: No. If the father is in debt, but the father dies before the debt is repaid, and the son inherits the father's legal estate as the heir, the son shall pay the father's debts up to the actual value of the estate.

Otherwise, the child is not obliged to bear the father's debts.

Legal basis: Article 1159 of the Civil Code of the People's Republic of China The division of the branch inheritance shall be cleared and rolled over to pay the taxes and debts that the decedent shall pay in accordance with the law; However, the necessary inheritance should be reserved for the heirs who lack the ability to work and do not have a livelihood.