Can debts be inherited? Can debts be inherited?

Can the heirs give up the inherited property and avoid incurring debts on their own? Article 1 of the Opinions of the Supreme People's Court on Several Issues Concerning the Implementation of the Inheritance Law of the People's Republic of China stipulates that the renunciation of inheritance by an heir shall be expressed in writing to other heirs, and if the renunciation of inheritance is expressed orally, and if he or she admits it or has other sufficient evidence to prove it, it shall also be deemed valid; Where the heirs are unable to perform their statutory obligations due to the renunciation of their inheritance rights, the renunciation of their inheritance rights is invalid. Therefore, we can conclude that:

If the heir is able to perform his legal obligations with the inherited inheritance, but is unable to perform due to the renunciation of the right of inheritance, his act of waiver of the right of inheritance shall not take legal effect. 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. Legal basis:

Article 46 of the Opinions of the Supreme People's Court on Several Issues Concerning the Implementation of the Inheritance Law of the People's Republic of China provides that if an heir is unable to perform his or her statutory obligations due to the renunciation of his right of inheritance, the act of renunciation of his right of inheritance shall be invalid. Article 47 of the Supreme People's Court's "Opinions on Several Issues Concerning the Implementation of the Inheritance Law of the People's Republic of China" provides that an heir's renunciation of inheritance shall be expressed in writing to other heirs. Where a renunciation of inheritance is expressed orally, and the person acknowledges it, or there is other sufficient evidence to prove it, it shall also be found to be valid.

Debts can be inherited. If it is a personal debt, then the debt is transferred with the inheritance of the deceased's estate, and the creditor can recover the debt from the debtor's heirs, and the heirs shall perform the debt repayment obligation to the extent of the inheritance scope of the deceased's estate; In the case of joint debts, the creditor can recover from the spouse of the debtor who is still alive.

Debt, the symmetry of "creditor's rights". It refers to the obligation of the debtor to the creditor to do a certain act or not to do a certain act in accordance with the law in the legal relationship of the debt.

The performance of the debt is the realization of the obligatory right, and the debt and the obligatory right together constitute the content of the debt. There are different types of debts according to different criteria.

OK. In the case of inheritance, the debts are also inherited together, but the inheritance is limited, how much inheritance, and within how much to bear the obligation to repay. If you inherit 50,000 yuan, you only need to return 50,000 yuan at most.

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 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.

Legal analysis: If the borrower of a private loan dies and leaves an estate, the heirs will pay off the debts to the lender to the extent of the actual value of the estate. If there is no estate, the heirs are not liable to pay off the debts.

Legal basis: Article 1159 of the Civil Code of the People's Republic of China The division of the estate shall pay off 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.

Legal analysis: debts can be inherited, the inheritance is divided, the taxes and debts that the decedent should pay according to law should be repaid, and the heirs should pay off the taxes and debts that the decedent should pay according to law to the extent of the actual value of the inheritance.

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

Article 1159:When dividing an estate, the taxes and debts that the decedent shall pay in accordance with law shall be paid off; However, the necessary inheritance should be reserved for the heirs who lack the ability to work and have no livelihood.

Article 1161: The heirs shall pay off the taxes and debts that the decedent shall pay in accordance with law within the limits of the actual value of the inheritance obtained. The part exceeding the actual value of the estate shall not be subject to voluntary repayment by the heirs.

Creditor's rights and debts can generally be inherited, but the creditor's rights related to the person of the decedent cannot be inherited, because the inheritance that can be inherited is the personal legal property left by the natural person when he dies, and the creditor's rights that are filial piety and have personal exclusivity cannot be inherited by the heirs as an inheritance.

Legal basis:Article 112 of the Civil Code of the People's Republic of China.

An estate is a personal legal property left behind by a natural person upon his or her death.

An inheritance that is not allowed to be inherited in accordance with the law or by its nature shall not be inherited.

Article 1123.

After the commencement of inheritance, it shall be handled in accordance with the statutory inheritance; 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.