About the son inheriting the father s debt

Male A inherited two houses from his father, and the houses were A's property, so the two houses were to be used to cover debts. If a dies, the house is a's inheritance. The law stipulates that if the debtor dies, the debtor shall bear the debt with his estate.

If there is an heir, the heir shall use the inherited inheritance to bear the debts.

Since A and A's father have not yet died, and the inheritance has not yet begun, the creditor cannot claim the debt from his son, wife, father.

If the estate exceeds the debt, the excess is not to be borne by the debt.

In the example you mentioned, the man is not dead, so he has no inheritance and cannot find his son.

The subject of the debt is specific, and the creditor's right is a leisure right, which is superior to the property right. Therefore, the son inherits the father's debt, and only bears the debt in the son's inheritance of the father's estate.

Legal Analysis: Depends on the circumstances. If the father is in debt, but the father dies before the debt is repaid, and the son inherits the father's legal estate as the heir, the son shall repay the father's debt to the extent of the actual value of the estate.

Otherwise, the child is not obliged to pay the debt on behalf of the father.

Legal basis: Article 1163 of the Civil Code of the People's Republic of China Where there is both statutory inheritance and testamentary succession or bequest, the legal heirs shall 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.

Legal Analysis: Depends on the circumstances. If the father is in debt, but the father dies before the debt can be repaid, and the son inherits the father's legal estate as the heir, the son shall pay the father's debts up to the actual value of the estate.

Otherwise, the child is not obliged to bear the debts of the father. Where there is both statutory inheritance and testamentary succession or bequest, the legal heirs shall 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.

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

Article 1145:After the commencement of inheritance, the executor shall be the administrator of the estate; If there is no executor, the heirs shall promptly elect the estate administrator; if the heirs are not elected, the heirs shall jointly serve as the administrators of the estate; If there are no heirs or the heirs have renounced the inheritance, the civil affairs department of the place where the deceased lived before his death or the villagers' committee of the merged village shall serve as the administrator of the estate.

Article 1146:Where there is a dispute over the determination of the estate administrator, the interested parties may apply to the people's court for the appointment of the estate administrator.

Article 1147: The estate administrator shall perform the following duties: (1) clean up the estate and make a careful inventory of the estate; (2) Report the inheritance to the heirs; (3) to take necessary measures to prevent the damage or loss of the heritage; (4) Dealing with the creditor's rights and debts of the decedent; (5) Divide the estate in accordance with the will or in accordance with the provisions of law; (6) Carry out other necessary acts related to the management of the heritage.

Whether the father cannot afford to repay the debt and whether the son needs to pay it depends on the specific situation. First of all, if the father is a person with no or limited civil capacity, and the son is the legal guardian, the son has a legal obligation to repay the debt in lieu of it. Second, if the father is a person with full capacity for civil conduct, he should bear legal responsibility and corresponding consequences for his own actions, and the son has no obligation to repay the debts for the father.

1. The repayment of inheritance debts needs to follow the following principles:

1. The principle of limited inheritance, that is, the heirs do not have to pay off the part of the debt that exceeds the value of the estate;

2. The principle of special shareholding, that is, for those who lack the ability to work and have no livelihood, even if the inheritance is not enough to pay off the debts, an appropriate share of the inheritance should be reserved for them;

3. Paying off the old man has priority over inheritance, that is, in the case of the decedent's debts, the inheritance should be given priority to repayment, and the bequest can be executed only if there is a balance;

2. Children shall repay debts on behalf of their parents:

1. Accepting a gift from his father, causing his father's debts to be unable to be repaid;

2. Those who have inherited the inheritance of their parents, but the repayment of debts is limited to the actual value of the inheritance inherited, that is, the debts are repaid within the scope of the inherited inheritance value, and the repayment obligation is not paid for the excess part;

3. The debts borrowed by the father are used for the common life of the family, and the sparrow is especially used for the life of the son, who in turn lives with the father.

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. 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 child's personal property is not used to pay debts, or if he has received a gift from his father so that the father is unable to pay the debt, he must also pay the debt 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.

Legal Analysis: Not required. From a legal point of view, the "repayment of debts from the father and the son" that we talk about is inaccurate and one-sided.

"Paternal debts" may or may not be repaid by the children, depending on the value of the father's estate and the willingness of the children to repay.

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

Article 673: If the borrower fails to use the loan in accordance with the agreed purpose of the loan, the lender may stop disbursing the loan, withdraw the loan in advance, or terminate the contract.

Article 674:The borrower shall pay interest within the agreed time limit. Where there is no agreement on the time limit for the payment of interest, or the agreement is not clear, and it is still uncertain in accordance with the provisions of Article 510 of this Law, and the loan period is less than one year, it shall be paid together with the return of the loan; If the loan period is more than one year, it shall be paid at the end of each year, and if the remaining period is less than one year, it shall be paid together with the return of the loan.

Article 676 Where the borrower fails to repay the loan within the agreed time limit, it shall pay overdue interest in accordance with the agreement or the relevant provisions of the State.

If it is a legacy, the children can pay it off within the scope of inheritance. Under normal circumstances, the father and the child are two separate individuals, each independently responsible for their own actions, and the children do not need to repay the debts on behalf of the parents. However, if the parents pass away, the children can pay off the parents' debts in proportion to the scope of the inheritance.

[Legal basis].According to Article 1161 of the Civil Code, which came into effect on January 1, 2021, 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 estate 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, he or she shall not be liable for the taxes and debts that the decedent shall pay in accordance with the law.