-
Anonymous users2024-02-07First of all, personal accidents do not count. Ethical standards don't count. Under existing law, there is no such thing under normal circumstances.
According to Article 11 of the General Principles of the Civil Law, "a citizen over the age of 18 is an adult with full capacity for civil conduct, can independently carry out civil activities, and is a person with full capacity for civil conduct." ”
However, if the adult child dies before the parent, and the parents inherit the legal property of the child, the property used to perform the debt shall be allocated from the inherited property and returned to the creditor. If the parents have only one child, and the parents have no income** and are unable to maintain a normal life, the creditor can file a lawsuit in accordance with the law, but the effect is not expected to be great. If it is an adult and incapacitated for civil conduct, the loan (the decision to constitute a civil relationship) can be established with the consent of the guardian, otherwise it will be invalid.
Restrictions on civil capacity must be subject to the consent or retrospective recognition of the guardian. However, this kind of legal aspect of the matter needs to be analyzed on a case-by-case basis, so that it is convenient to make a more appropriate decision.
-
Anonymous users2024-02-06According to the law, parents are not obligated to bear the debts of their children if they are not joint family debts.
His wife, unless otherwise agreed, is obliged to pay her debts.
-
Anonymous users2024-02-05Parents are not obligated to repay. However, if the child has died and left an inheritance. If the parents are the inheritors.
It can be repaid within the scope of the resulting estate. (For example, Party A owes Party B 10,000 yuan.) After Party A's death, he left only an inheritance of 100 yuan.
If Party A's parents are the heirs of the estate, they only need to repay Party B 100 yuan).
-
Anonymous users2024-02-04Legal analysis: 1. If the child has reached adulthood, then he has full civil capacity, and his parents have no obligation to repay debts. 2. For the debts of adult children, the creditor (creditor) can only let the adult child repay the debt, and cannot ask the parents to repay the money.
Legal basis: Article 17 of the Civil Code of the People's Republic of China A natural person over the age of 18 is an adult. Natural persons under the age of 18 are minors.
Article 18: Adults are persons with full capacity for civil conduct and may independently carry out civil juristic acts. Minors over the age of 16 who rely on their own labor income as their main livelihood** are to be regarded as persons with full capacity for civil conduct.
-
Anonymous users2024-02-03Parents are not obliged to pay debts of adult children in lieu of repayment. Because after reaching the age of 18, they are responsible for their capacity to act, and they must bear legal responsibility and corresponding consequences for their own actions. Of course, if the parents are willing to repay on their behalf, the law allows it.
According to the General Principles of the Civil Law of the People's Republic of China (2009 Amendment).
1. Article 10: All citizens have equal capacity for civil rights.
2. Article 11 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. Citizens over the age of 16 but under the age of 18 who rely on their own labor income as their main livelihood shall be regarded as persons with full capacity for civil conduct.
-
Anonymous users2024-02-02Legal analysis: First, adult children are fully capable of acting, and they are responsible for their own debts. In the event of the death of an adult child and the inheritance occurs, the parents, as heirs, shall repay the debts of the debtor son to the extent of the actual value of the decedent's estate; Second, if the child is a person with no or limited capacity for civil conduct, and causes damage to others, the parents shall bear tort liability.
Legal basis: Civil Code of the People's Republic of China
Article 1163:Where there is both legally-prescribed inheritance and testamentary succession or bequest, the legally-designated heirs are to pay off the taxes and debts that the decedent shall pay in accordance with 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.
Article 1188:Where persons lacking or limited capacity for civil conduct cause harm to others, the guardian bears tort liability.
Parents have the obligation to educate and support adult children under the following circumstances: 1. Loss of ability to work or partial loss of ability to work, and their income is insufficient to maintain their livelihood; 2. Those who are still in school; 3. There is no ability and conditions for independent living.
Education from elementary school to university in the United States is funded by the first, but if you want to go to a private school, you will have to pay for it yourself.
Nowadays, it is common for grandparents to bring grandchildren, and many people have a blank concept of whether there is legal restraint on this phenomenon. First of all, according to the law, grandparents have no mandatory obligation to take care of the next generation while the parents are alive. According to Article 28 of the Marriage Law, the conditions for grandparents to raise their grandchildren are: >>>More
Without this obligation, whether to have children or not to have children and how many children to have are all based on one's own family situation, and the country's policy can only be said to be beneficial to some people, and those who have the conditions can have more children, and have children because of love, not to complete the task.
During the existence of the relationship between husband and wife, whether the other party is liable to repay the debts incurred by one party in his or her own name depends on whether they are joint debts of the husband and wife.