Does it affect the children of those who are included in the list of judgment defaulters?

Updated on society 2024-03-01
10 answers
  1. Anonymous users2024-02-06

    It doesn't have much impact on the children. The debtor's children are not liable for the repayment of the debt. Our law does not provide for the repayment of father's debts to children.

    However, according to Article 33 of the Inheritance Law, "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. This provision requires the son, as the heir, to repay the debts owed by the decedent to the extent of the actual value of the estate, but this is not a "father's debt". Generally speaking, if the father has unpaid debts during his lifetime, his children will inherit the father's debts after inheriting the estate, but if it exceeds the inheritance you inherited, you can also choose not to pay it.

    Therefore, as long as you choose to inherit the inheritance, you have to pay off the debt for your father, and if you choose to give up the inheritance, then you don't have to pay it back.

  2. Anonymous users2024-02-05

    The child's creditworthiness will not be affected. However, Article 3 of the Several Provisions of the Supreme People's Court on Restricting High Consumption and Related Consumption by Persons Subject to Enforcement stipulates that there is one article on the restriction of high consumption: children attending high-fee private schools.

  3. Anonymous users2024-02-04

    1. The children of those included in the list of judgment defaulters will not be affected.

    2. Several Provisions of the Supreme People's Court on the Publication of Information on the List of Judgment Defaulters

    Article 1: In any of the following circumstances, where persons subject to enforcement have the ability to perform but do not perform the obligations set forth in effective legal documents, the people's courts shall include them in the list of judgment defaulters, and give them credit punishments in accordance with law:

    1) Obstructing or resisting enforcement by means such as fabricating evidence, violence, or threats;

    2) Evading enforcement by means such as sham litigation or arbitration, or concealment or transfer of assets;

    3) Violating the property reporting system;

    4) Violating orders restricting high spending;

    5) The person subject to enforcement refuses to perform on the enforcement settlement agreement without a legitimate reason;

    6) Other persons who have the ability to perform but refuse to perform the obligations set forth in effective legal documents.

  4. Anonymous users2024-02-03

    No, this is a personal action and does not affect anyone else. It doesn't matter what it means to be with you.

  5. Anonymous users2024-02-02

    The untrustworthy person does not affect the children, so that they will rely on it and not pay it back, anyway, it will not affect the children, and they will be more honest and conscious if they want their fathers and sons to repay their debts.

  6. Anonymous users2024-02-01

    Yes, because your accounts are connected.

  7. Anonymous users2024-01-31

    Children attend high-fee private schools.

  8. Anonymous users2024-01-30

    Legal analysis: 1. It does not have much impact on children. The debtor's children are not liable for the repayment of the debt.

    But until the debt is paid, the children are not allowed to attend high-cost private schools. Where the person subject to enforcement has the ability to perform but does not perform the obligations set forth in the effective legal documents, and violates the property reporting system, the people's court shall include them in the list of judgment defaulters. The "Enforcement Notice" issued by the people's court to the person subject to enforcement shall clearly indicate the content of the risk warning regarding inclusion in the list of judgment defaulters.

    Where the person applying for enforcement feels that the person subject to enforcement has any of the untrustworthy conduct listed in article 1 of these Provisions, they may submit an application to the people's court to include the person subject to enforcement in the list of judgment defaulters, and the people's court shall make a decision after review.

    2. If the parents have debts that have not been paid off during their lifetime, their children will inherit the debts of their fathers after inheriting the estate, but if the debts exceed the inheritance inherited by the children, they can also choose not to pay them back. Therefore, as long as you choose to inherit the inheritance, you have to pay off the debt for your father, and if you choose to give up the inheritance, you don't have to pay it back.

    Legal basis: Article 1159 of the Civil Law of the People's Republic of China Article 1159 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 portion exceeding the actual value of the estate shall not be subject to voluntary repayment by the inheritor.

    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.

  9. Anonymous users2024-01-29

    Legal analysis: The children of those included in the list of judgment defaulters are generally not affected. Once you become a "lai", then until you pay off your debts, your children are not allowed to attend private schools with high consumption.

    Judgment defaulters generally only have an impact on themselves, but not on their children.

    Legal basis: "Several Provisions of the Supreme People's Court on the Publication of Information on the List of Judgment Defaulters Merging Persons" Article 1: Where persons subject to enforcement fail to perform the obligations set forth in effective legal documents, and have any of the following circumstances, the people's courts shall include them in the list of judgment defaulters, and give them credit punishments in accordance with law:

    1) Refusal to perform obligations set forth in effective legal documents despite having the ability to perform;

    2) Obstructing or resisting enforcement by means such as fabricating evidence, violence, or threats;

    3) Evading enforcement by means such as sham litigation or arbitration, or concealment or transfer of assets;

    4) Violating the property reporting system;

    5) Violating an order restricting spending;

    6) Refusal to perform on the enforcement of a settlement agreement without a legitimate reason.

  10. Anonymous users2024-01-28

    Does a person included in the list of judgment defaulters have an impact on his children? 1. The children of those included in the list of judgment defaulters will not be affected. 2. Article 1 of the "Several Provisions of the Supreme People's Court on the Publication of Information on the List of Judgment Defaulters" Where a person subject to enforcement has the ability to perform but does not perform the obligations set forth in effective legal documents, and has any of the following circumstances, the people's court shall include them in the list of judgment defaulters, and give them a credit punishment in accordance with law

    1) Obstructing or resisting enforcement by means such as fabricating evidence, violence, or threats; 2) Evading enforcement by means such as sham litigation or arbitration, or concealment or transfer of assets; 3) Violating the property reporting system; 4) Violating orders restricting high spending; (5) The person subject to enforcement refuses to perform on the enforcement settlement agreement without a legitimate reason; 6) Other persons who have the ability to perform but refuse to perform the obligations set forth in effective legal documents. Is this an easy explanation?

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