Is there a legal debt paid by the father and the son?

The father's debt and the son's obligation to repay the debt only within his share of the property! If a son renounces his father's estate, he does not need to pay any of his father's debts at the same time.

Article 33 of the Inheritance Law 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 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.

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.

No, but it is a debt from father to son, that is, if you inherit the property, you must integrate the obligations together.

There are similarities, but they are different from the debt of fathers and sons in ancient times.

Provisions in the law of inheritance.

If the father dies, the child inherits the father's estate as well as the father's debts. However, the amount of debt repayment is limited to the amount of the inherited estate. The excess of the estate does not need to be repaid.

If the child renounces the father's estate, there is no need to repay any of the father's debts at the same time.

Legally, there is none, but once the father dies, the debts are inherited as part of the inheritance, and the son inherits the debts, of course, he has to pay them back.

It's like this in real life! Legally, no!

Legal analysis: China's law does not have provisions on the repayment of father's debts and sons' debts. Parents and children are two independent civil subjects, and they are not confused due to the existence of blood relations, and the father's debt has nothing to do with their son. If a child inherits the inheritance of his or her parents, the debts owed by the parents during their lifetime should be repaid.

Legal basis: Article 1161 of the 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 within 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: There is no legal repayment of the debt of the father and the son. The heirs shall pay off the taxes and debts payable by the decedent according to the blind method to the extent of the actual value of the inheritance.

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 with 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.

If the heir renounces the inheritance, the decedent may not be liable for the taxes and debts that should be paid in accordance with the law.

For debts for adult children. As long as it is not a joint debt and there is no form of security, it does not have to be repaid.

The father's debt to the son is not in accordance with the law and cannot be upheld by the court.

2. China's laws stipulate that citizens over the age of 18 are adults, can independently carry out civil activities, and are persons with full capacity for civil conduct. The so-called "full civil capacity" here means that the person can determine, modify and annul the civil legal relationship in accordance with the law by his own actions, and bear the final result.

It can be seen that no matter how much money the father borrowed, as long as the borrower has full capacity for civil conduct, and the purpose of the loan has nothing to do with other people. Then, its civil legal relationship with creditors is only binding on them, that is, only the borrower has the legal obligation to repay the loan, and has nothing to do with other people.

After the heirs have paid off the debts with all the property left by the decedent, the heirs are not obliged to continue to pay off with all the property they have, regardless of whether the debts have been paid off, unless the heirs themselves voluntarily.

From the perspective of protecting heirs, the Civil Code of the People's Republic of China stipulates the principles of voluntary inheritance and limited inheritance, and completely negates the "repayment of debts from the father and the son". Because the implementation of the principle of voluntary inheritance enables the heirs to decide independently whether to accept the inheritance or renounce the inheritance according to their own wishes, if the decedent leaves more than the property, the heir can completely choose to renounce the inheritance and do not have to repay the debts for the decedent. Even if the heir chooses to accept the inheritance, he is only liable for the repayment of the debts owed by the deceased during his lifetime to the extent of the inherited property, which is the "limited inheritance" implemented by the Civil Code of the People's Republic of China.

3. Repayment takes precedence over inheritance, that is, in the case of debts of the decedent, the inheritance should be given priority to repayment, and the bequest can be executed only if there is a balance;

2. Those who have inherited the inheritance of their parents, but the repayment of debts is only limited to the actual value of the inheritance inherited, that is, the debts shall be repaid within the scope of the inherited inheritance value, and the repayment obligation shall not be paid for the excess part; 3. The debts borrowed by the father are used for the common life of the family, especially for the life of the son, who in turn lives with the father.

Legal analysis: China's law clearly stipulates that the repayment of debts of the deceased during his lifetime shall be limited to the actual value of his estate. Therefore, "repayment of debts from father to son" is due, but repayment of debts is limited only to the actual value of the inheritance inherited.

Legal basis: "Civil Code of the People's Republic of China Shenhua Nayin" Article 159 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.