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This friend, the child is 18 years old, even if he is an adult, he needs to lose money for the debts he borrowed or got into trouble, and similar to these various debts, from a legal point of view, parents and other family members and relatives have no legal obligation to repay the debts for the adult child, that is, the child needs to repay the debts by himself. Of course, if parents and friends voluntarily pay off the child's debts, it is also possible.
When a child is an adult, he or she is capable of acting independently. Parents are not obligated to repay debts, however, if the child is a minor, then parents are obligated to repay.
According to article 23 of the Marriage Law, parents have the right and duty to protect and educate their minor children. Parents are obliged to bear civil liability when their minor children cause damage to the state, the collective, or others.
Extended Information: There are two different scenarios in which a debtor is unable to repay:
One is a temporary inability to repay. If this is the case, the debtor may repay the loan in instalments in accordance with the relevant provisions of the above-mentioned General Principles of the Civil Law.
The other is permanent insolvency. If it is permanently unable to repay, it can only be repaid on the debtor's existing personal property, which must be heard by the court, make a judgment, and then put into enforcement, that is to say, the lender will take as much as the debtor's personal property can be enforced.
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Your son is 26 years old, he is an adult, he should take his own responsibility, his debts outside should be paid by himself, and the parents have no responsibility or obligation to help him pay them off.
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Parents are generally not responsible for repaying money owed by their children. However, if the parents inherit the property of the child, they are required to repay the child's debts to the extent of the inherited property. Parents may withhold or voluntarily repay debts that are part of the property that is beyond the inheritance.
Legal basis: Civil Code of the People's Republic of China
Article 123 After the commencement of inheritance, it shall be handled in accordance with the statutory succession; If there is a will, it shall be handled in accordance with the testamentary inheritance or bequest; Where there is a bequest and maintenance agreement, it shall be handled in accordance with the agreement.
Article 1127 Inheritance shall be inherited in the following order:
1) First order: spouse, children, parents;
2) The second order of the old match: siblings, grandparents, maternal grandparents.
Article 1161 The heirs shall pay off the taxes and debts payable by the deceased 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.
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Legal analysis: If it is an adult child, because it is a person with full capacity for civil conduct, the father and mother are not responsible for repaying the debts owed outside. However, if the child is a minor or a person with no or limited civil capacity, his parents are his legal guardians, so he or she needs to bear the responsibility for repaying his foreign debts.
Legal basis: Article 1068 of the Civil Code of the People's Republic of China Parents have the right and duty to educate and protect their minor children. Where minor children cause harm to others, their parents shall bear civil liability in accordance with law.
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There is no obligation to repay.
According to the first paragraph of Article 11 of the General Principles of the Civil Law:
Citizens over the age of 18 are adults with full capacity for civil conduct, can independently carry out civil activities, and are persons with full capacity for civil conduct.
If the child is a person with full capacity for civil conduct, and the loan contract between the child and others is legal and valid, according to Article 8 of the Contract Law, a contract established in accordance with law shall be legally binding on the parties.
The parties shall perform their obligations in accordance with the agreement and shall not modify or terminate the contract without authorization. The loan contract is only binding on both parties, that is, the children can only repay the debt themselves, and the parents have no obligation to repay the debt.
Therefore, adult children are fully capable of acting and need to bear their own responsibilities, and the creditor can only let the debtor repay, and cannot require their parents to repay the money.
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Legal Analysis: The Key Is to See Whether the Son Is a Person with Full Civil Capacity First, if the son is a minor (a person with no or limited civil capacity) is under the age of 18, this is called a person with limited civil capacity in law. Under the age of 10, it is a person who has no capacity for civil conduct.
At this time, the parents are the legal guardians of the son, and the parents are responsible for the return of the son's debts. Of course, China's law also stipulates that a person who has reached the age of 16 and can support himself is also a person with full capacity for civil conduct. 2. If the son is an adult (a person with full capacity for civil conduct), what does it mean that he is already legally called a person with full capacity for civil conduct?
That is, to be able to independently undertake civil obligations and exercise civil rights independently. Since they are independent, at this time, the parents naturally have no legal obligation to repay the money for their son.
Legal basis: Article 1064 of the Civil Code of the People's Republic of China Debts borne by the husband and wife as jointly signed or recognized by one of the husband and wife after the fact, as well as debts incurred by one of the husband and wife in his or her own name for the daily needs of the family during the existence of the marital relationship, are joint debts of the husband and wife.
Debts incurred by one of the spouses in his or her own name during the existence of the marital relationship in excess of the daily needs of the family are not joint debts of the husband and wife; However, the creditor can prove that the debt was used for the husband and wife's common life, joint production and business, or based on the common intention of the husband and wife.
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It is a matter of course to repay debts, but some debtors just refuse to repay the money, and creditors often feel helpless, so they need to actively use the law to protect their legitimate rights and interests. Some creditors may want their family members to repay their debts, and the adult children are fully capable of acting and are responsible for themselves. The creditor can only ask the adult child to repay the money owed by the adult child, and cannot ask the parents of these people to repay the money.
If the adult child dies, it is a matter of inheritance, and the heirs have to pay off the debts of the deceased adult child. However, the amount is limited to the actual value of the estate of the deceased adult child. Anyway:
Parents are not obligated to pay their adult children's debts. Even if the creditor collects debts, it is capped on how much money the adult child has in his name, and the legal basis: Article 10 of the Inheritance Law of the People's Republic of China The estate is inherited in the following order:
First order: spouse, children, parents. Second order:
Siblings, grandparents, maternal grandparents. After the inheritance begins, it is inherited by the first-order heirs, and the second-order heirs do not. If there is no first-order heir, the second-order heir shall inherit.
The term "children" in this Act includes legitimate children, illegitimate children, adopted children and dependent stepchildren. The term "parents" in this Act includes biological parents, adoptive parents and dependent stepparents. The term "brothers and sisters" in this Law includes siblings of the same parents, half-siblings or half-siblings, adoptive siblings, and step-siblings who have a dependent relationship.
Article 33 of the Inheritance Law of the People's Republic of China provides that the inheritance shall pay off the taxes and debts that the decedent shall pay in accordance with the 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.
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1. First of all, it depends on whether the age of the "child" is over 18 years old, if it is over 18 years old, the parents are not responsible for repayment. If it is not enough, whether the parents are responsible or not must be determined with reference to the subsequent circumstances
2. In accordance with the provisions of the General Provisions of the Civil Law, a minor over the age of 8 is a person with limited capacity for civil conduct, and may carry out civil activities appropriate to his age and intelligence; If the "child" is over 8 years old, it depends on the reasonableness of the debt, and if it is a reasonable debt (small shopping, small meals, etc.), the parents are responsible for repaying it; If the parent is the guardian of an activity that is not mentally appropriate for his age (such as a large purchase), the parent can reverse the child's transaction with others and return the item. Under the age of 8, parents, as guardians, can reverse the child's transaction with others and return the goods. If you are under the age of 18, you also need to pay attention to the nature of the debt
3. If the debt is illegal (gambling debt, drug debt, etc.), the parents can directly cancel it.
4. Of course, if it is a "child" infringement that causes losses to others, parents are obliged to bear the liability for compensation.
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Be at least 18 years old and must pay your debts.
The law stipulates that a person who has reached the age of 18 and has full capacity is an independent adult who should bear the corresponding legal responsibility for everything he does. Therefore, as long as the children are healthy, normal and at least 18 years old, and their parents do not act as guarantors for them when they borrow money outside, they should repay it themselves, and the parents are not obliged to repay it for them.
Even if the parents are willing to pay the debts for their children, there is a precondition that the consent of the child's creditors can be obtained for the debt to be repaid by the parents. Debt transfer refers to the transfer of all or part of the contractual debt by the debtor to a third party without changing the content of the debt. If the formation of the contract is subject to registration and approval, the transfer must also be registered and approved.
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