Does the law stipulate that the father and the son should repay the debt, and now the law stipulates

Updated on society 2024-04-03
8 answers
  1. Anonymous users2024-02-07

    There are two scenarios.

    One case is that the son is voluntary. On the other hand, the son inherits his father's estate, and in principle, the inheritance is also inherited together with the debts, but only the share of the inheritance is repaid. If the son renounces the inheritance, he will not be incurred.

    It should be noted that the father's debt is most likely a joint debt, and the scope of the joint debt of the husband and wife.

    It includes the following aspects:

    1) Debts incurred for the purchase of property borrowed by one of the parties before the marriage has been converted into joint property of the husband and wife;

    2) Debts incurred by the husband and wife for the common life of the family;

    3) Debts incurred by husband and wife jointly engaged in production or business activities, or debts incurred by one party engaged in production and business activities, and the business income is used for family life or shared by spouses;

    4) Debts incurred by one or both spouses for medical treatment and for the treatment of persons with legal obligations;

    5) Debts incurred for raising children;

    6) Debts incurred by the elderly who have an obligation to support them;

    7) Debts incurred to pay for the education and training expenses of one or both spouses;

    8) Debts incurred to pay for legitimate and necessary social interaction expenses;

    9) Debts that are agreed upon by the husband and wife as joint debts;

    10) Other debts that shall be recognized as joint debts of husband and wife.

    The joint debts of the husband and wife are repaid by the joint property of the husband and wife, so in principle, the wife should help repay them, and the excess part should be repaid with personal property, so the key is to see whether it is a joint debt of the husband and wife.

  2. Anonymous users2024-02-06

    If the father dies and the son inherits the father's estate, he needs to bear the father's external debts to the extent of the estate.

  3. Anonymous users2024-02-05

    Tell you clearly: the debt will not be borne by you. "Father's debts are repaid by sons" does not make sense in a modern legal society. Of course, it is a different matter if the son inherits the father's inheritance, or if the father maliciously transfers property to the son to avoid debts.

    Do not worry! Good luck!

  4. Anonymous users2024-02-04

    Don't worry, it won't! Under normal circumstances, China's law is that oneself is only responsible for oneself, and others are not responsible for oneself, except for special circumstances such as guardianship.

    In your case, if after a hundred years of Lingzun, as long as you do not inherit his estate, you will not be obliged to repay his debts.

  5. Anonymous users2024-02-03

    No, it won't. Haha, don't worry about this, it has nothing to do with you at all.

  6. Anonymous users2024-02-02

    Legal Analysis: Now the law stipulates that children can repay their parents' debts within the scope of inheriting their parents' estate.

    Legal basis: Article 1161 of the Civil Code of the People's Republic of China The inheritor or distributor shall pay off the taxes and debts that the decedent shall pay in accordance with the law within the limit of the actual value of the inherited inheritance. The part exceeding the actual value of the estate is not 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.

  7. Anonymous users2024-02-01

    Legal Analysis: Father's debt to the son is not legal. The son's debt is a personal debt, and the father does not need to bear it, the father and son are two independent civil subjects, legally speaking, there is no obligation to repay on behalf of the father, but there are two special circumstances, accepting the father's gift, resulting in the father's debt cannot be repaid, and the child is obliged to repay the debt for the father within the scope of the gift received.

    Legal basis: Article 555 of the Civil Code of the People's Republic of China, if the third party agrees with the debtor to join the debt and notifies the creditor, or the third party expresses its willingness to join the debt to the creditor, and the creditor does not explicitly refuse within a reasonable period of time, the creditor may request the third party to bear joint and several debts with the debtor within the scope of the debt it is willing to bear. Article 553:Where the debtor transfers debts, the new debtor may assert the original debtor's defense against the creditor; If the original debtor has a creditor's right against the creditor, the new debtor may not claim set-off against the creditor.

    Article 554:Where the debtor transfers debts, the new debtor shall bear the subordinate debts related to the principal debts, except that the subordinate debts belong exclusively to the original debtor itself.

  8. Anonymous users2024-01-31

    According to the law, whether a father's debt is a son or not also needs to be distinguished according to the following circumstances:

    1. If it is a debt borrowed by the parents, it is not necessary for the children to repay it with their own property;

    2. If the debt is borrowed by the parents in the name of the family, it must be repaid with the property of the family, except for the personal property of the children;

    3. When the parents pass away and there is an inheritance, the children should return it within the scope of inheritance.

    In any of the following circumstances, the relevant part of the estate shall be handled in accordance with the statutory inheritance:

    1. The testamentary heir renounces the inheritance or the legatee renounces the bequest;

    2. The testamentary heir loses the right of inheritance or the legatee loses the right to be bequeathed;

    3. The testamentary heirs and legatees die or terminate before the testator;

    4. The estate involved in the invalid part of the will;

    5. The estate that has not been disposed of by will.

    To sum up, the law does not stipulate the repayment of the father's debts to the son. That is, the child is not obliged to pay off the father's debts, unless the children inherit the father's estate, then at the same time inherit his debts, then there is an obligation to return.

    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.

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