Do parents need to repay their debts in the bank?

1. The father's bank is in debt, and the son has not fulfilled the obligation of "father's debt and son's debt".

2. "Father's debts are repaid by the son" is not a legal principle, the son has no legal obligation to repay the debt for the father, the legal principle is that the responsibility is borne by himself, and the father's debts should be repaid by the father himself.

3. "Repayment of father's debts and son's debts" essentially belongs to a third party to perform on behalf of the third party. Article 65 of the Contract Law stipulates that: "If the parties agree that a third party shall perform the debt to the creditor, and the third party fails to perform the debt or the performance of the debt does not conform to the agreement, the debtor shall bear the liability for breach of contract to the creditor."

This is the legal provision on the performance of the act by a third party. At the same time, if the third party fails to perform according to the agreement or the performance does not conform to the agreement, the liability should still be borne by the debtor, not by the third party. It can be seen from this that if the son agrees to repay the debt for the father, it is a third party to perform on behalf of the son, and if the son repays the father's debt, the law is allowed, and the son's debt repayment is valid, and if the son does not repay the debt for the father according to the agreed content, the son cannot be required to bear the liability for breach of contract, but the father should bear the liability for breach of contract.

In cases where the parents are not in any position to repay, the children should pay the debt.

It should depend on whether he inherits his inheritance.

Legal analysis: If the child does not need to repay the money owed by the father to the bank, it can be seen that the child generally does not have the righteousness to repay the debt for the father. According to modern legal theory, the father and the son are two independent civil subjects, which are not mixed up by the existence of blood relations, and the father's debt has nothing to do with the son.

Legal basis: Article 1163 of the Civil Code of the People's Republic of China Where there is both statutory inheritance and testamentary succession or bequest, the legal stepbrother shall pay off the taxes and debts that the decedent shall pay in accordance with the law; The part exceeding the actual value of the statutory inheritance shall be repaid by the testamentary heirs and legatees in proportion to the inheritance.

Legal Analysis: The father's bank loan does not need to be repaid by the child. First of all, in law, both fathers and children are independent civil subjects.

Legal acts taken by independent civil entities shall independently bear the legal consequences. In other words, as long as the bank loan is not signed by both parties, the child does not need to repay the bank loan owed by the father. There is no such thing as a father's debt to a child's debts in law.

The bank can only collect debts by claiming compensation from the father, and cannot ask the father's children to repay the debts on their father's behalf, nor can they directly ask the children for loans. If the father really does not have the ability to repay the loan, he should actively negotiate with the bank or lending institution to extend the repayment period or repay the loan in installments.

Legal basis: Article 1161 of the Civil Code of the People's Republic of China The heirs 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. This limit does not apply if the actual value of the estate exceeds the actual value of the estate, and the heirs voluntarily repay it.

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.

Legal analysis: Parents do not want their children to repay bank loans owed by their parents, and both parents are responsible for repayment. If the parents die and the children inherit the parents' estate, then the children need to bear the debts and repay them within the scope of the inheritance in accordance with the relevant regulations of inheritance.

Legal basis: Civil Code of the People's Republic of China

Article 1089:In the event of divorce, the joint debts of the husband and wife shall be repaid jointly. Where the joint property is insufficient to be paid off or the property is owned by each other, the two parties shall settle it by agreement; If the agreement is not reached, the people's court shall make a judgment.

Article 64 Debts borne by both husband and wife in the joint signature of the husband and wife or by one of the husband and wife in the event of a post-facto recognition or other common expressions of intent, as well as debts incurred by one of the husband and wife in their own name during the existence of the marital relationship for the daily needs of the family, 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.

The father's bank loan does not need to be repaid by the child. First of all, in law, both fathers and children are independent civil subjects. Independent civil entities shall independently bear the legal consequences of acts taken by independent civil entities.

In other words, as long as the bank loan is not signed by both parties, the child does not need to repay the bank loan owed by the father.

There is no such provision in Chinese law as for the repayment of debts owed by fathers and sons.

That is, the child is not obliged to pay off the father's debts, unless the children inherit the father's estate, then they inherit his debts at the same time, and then they are obliged to return them.

The law stipulates that the heir 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.