If the father s bank is in debt, does the son have to fulfill the father s debt and the son s debt

Updated on society 2024-04-18
25 answers
  1. Anonymous users2024-02-07

    No, there are still conditions for the debt of the father to the son. From the perspective of the nature of debt, debt is relative, that is, the creditor can only request the debtor to perform its obligations, but cannot connect with others. Therefore, the father's bank arrears are generally not related to the children.

    However, if the father has escaped the debt by transferring the property to the child, the creditor may file an action for avoidance in court to revoke the transferred property. In addition, if the father dies and the child inherits the father's estate, the obligation to repay the father's debts arises.

  2. Anonymous users2024-02-06

    The father's bank debts are not the son's obligations to fulfill the "father's debts". The current law in our country does not provide for the repayment of the debts of the father and the son, and there is no provision that the debts owed by the father must be repaid by the son. However, according to the provisions of the Civil Code, if the son inherits the father's estate, the son shall bear the liability for paying off the father's debts within the scope of the inheritance.

    If a son renounces his inheritance from his father, he is not liable for the repayment of debts. In addition, if the son voluntarily repays the debt for the father, the son can voluntarily treat it as "repayment of the debt of the father and the son".

  3. Anonymous users2024-02-05

    The son is not obliged to repay the father's debts, and the son has no legal obligation to repay the father's debts and the father's debts. Even in the case of a son inheriting his father's estate, he only pays off his father's debts within the scope of the inherited estate, so in this case, in essence, the father himself pays the debt.

  4. Anonymous users2024-02-04

    Hello, the father's bank is in debt, and the son does not need to fulfill the repayment obligation. The debt of the father's bank is the father's personal debt, and the son does not have to bear it.

  5. Anonymous users2024-02-03

    The father owes the bank money to the child, and according to the law, the child is generally not obliged to repay the debt. 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.

  6. Anonymous users2024-02-02

    If the son owes a debt to a nearby bank and the son does not travel, the father's obligation to repay the son's debts is not a legal principle, and the son has no legal obligation to repay the father's debts, the legal principle is that the father's debts should be repaid by the father himself.

  7. Anonymous users2024-02-01

    No! The father's bank debts are repaid by the father, and the son does not have to fulfill the "father's debts." Whoever owes the debt will pay it!

  8. Anonymous users2024-01-31

    Without this provision, the father's debt is paid by the father, and it has nothing to do with you, if you inherit his property, then the inheritance part can be used to pay the debt.

  9. Anonymous users2024-01-30

    Generally speaking, the personal estate of the parties after the death of the party has priority to repay the debts, and the remaining part can be inherited after the repayment of personal debts, and if the estate is not enough to repay the debts, the personal debts will be extinguished, so there is no such thing as the repayment of the debts of the father and the son, but the law does not object to the children voluntarily repaying the debts for the father.

  10. Anonymous users2024-01-29

    Now the new Civil Code is implemented, and each person is responsible for his own debts, that is, the father can not help repay the debt, and the father can also not help repay the child's debt, but it is okay to voluntarily help to repay.

  11. Anonymous users2024-01-28

    If your father has property, you have to pay it back.

  12. Anonymous users2024-01-27

    The father's bank debts should be repaid by the father, and the son is not obligated.

  13. Anonymous users2024-01-26

    Hello! In today's society, there is no such thing as a father's debt being repaid, but if this is a mortgage, then it must be repaid, otherwise the bank may take back the house.

  14. Anonymous users2024-01-25

    It depends on what he borrows money for, if it is used in family life, if your mother is still there, it is a joint debt between husband and wife! If your children and parents are separated, and your mother is gone, and you inherit his inheritance, you have to pay the debt for him, and if you don't inherit the inheritance, you won't pay the debt.

  15. Anonymous users2024-01-24

    If the son inherits the father's property, the son must pay the father's bank debt.

  16. Anonymous users2024-01-23

    Specific analysis of specific problems

    If a son inherits his father's estate, he is obliged to pay his father's debts. The father's debt goes to the son, and the son is obliged to pay it back.

  17. Anonymous users2024-01-22

    Father's debt to son is just a folk saying. The father's debt to the bank has nothing to do with his son!

  18. Anonymous users2024-01-21

    The father owes the bank a debt, and the father can't pay it back, and the son has the ability to help the father pay it, which is a matter of course.

  19. Anonymous users2024-01-20

    If the father is still alive, the father will pay it back, and if the father dies, if the son inherits the father's estate, he will naturally inherit the father's debts.

  20. Anonymous users2024-01-19

    Your father's bank has debts, and if you have an inheritance, you must inherit them along with the debts.

  21. Anonymous users2024-01-18

    Personally, there is no obligation. Since the son is in debt, it means that he is an adult, and the father has fulfilled his obligations.

  22. Anonymous users2024-01-17

    If you inherit your father's legacy, you have to fulfill it!

  23. Anonymous users2024-01-16

    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.

  24. Anonymous users2024-01-15

    If the father's bank is in debt, does the son have to fulfill the "father's debt and the son's debt"? The father's bank is in debt, and the son has not fulfilled his obligation to repay the father's debt. It is not a legal principle that the father owes the debt to the son, and the son has no legal obligation to repay the debt for the father, but the legal principle is that the responsibility is borne by himself, and the father's debt should be repaid by the father himself.

    The repayment of the father's debts to the son is essentially performed by a third party. Under what circumstances do children need to help their father pay off his debts? When a child inherits his father's estate, he is also liable to return his debts.

    The Inheritance 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.

    To inherit an estate, you need to inherit debts, that is, if your children inherit the estate after the death of your parents, you need to repay the debts within the value of the estate. The personal property of the child is not used to repay debts, and the father is not required to repay the debts due to the fact that he or she has received gifts from the father, and must also pay the debts on behalf of the father. In addition, the law clearly stipulates that gambling debts are not recognized, and if only the IOU is not marked as a gambling debt, then the IOU is established if the evidence is insufficient.

    According to article 65 of the Contract Law, "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 regulation on the performance of a third party on behalf of the people.

    At the same time, if the third party fails to perform as agreed or the performance does not conform to the agreement, the liability shall still be borne by the debtor, not by the third party. If the son agrees to repay the debt for the father, it is a third party who performs on behalf of him, and if the son repays the father's debt, the law allows it, 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. That's it for the answer to this question, I hope it will be helpful to you.

  25. Anonymous users2024-01-14

    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.

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