The state debt that is not inherited, can the debt not be inherited?

First, the immunity of States and their property from jurisdiction is a well-established principle of international law, which derives from the customary rule that "there is no jurisdiction between equals" and is one of the important elements of the principle of the sovereign equality of States. According to this principle, the courts of a State may not entertain an action in which a foreign State is the defendant and whose property is the subject of the action unless the latter agrees. Even if a State appears or loses a case before a court of another State, it cannot be subject to coercive measures, in particular the enforcement of judgements.

In short, the courts of a State may not use a foreign State as the object of litigation and enforcement.

Secondly, the debts of the State to foreign legal and natural persons are not within the scope of State succession. "State debt" means any financial obligation owed by a State to another State, an international organization or any other subject of international law that is consistent with international law, including national debt and localized debt incurred on behalf of the State that is actually used for local projects or a certain area. State debts to private individuals and local debts incurred by local authorities for local use are not State debts.

Thirdly, since foreign legal and natural persons are not subjects of international law, they are not the subject of State debts.

According to the Civil Code, debts may not be inherited, but only if the heirs renounce the right to inheritance. Once the heir renounces the right of inheritance, he or she gives up the inheritance of the decedent's creditor's rights and debts, which is naturally different from inheriting debts.

If the heir does not renounce the right of inheritance, he or she shall bear the debts of the deceased in proportion. The law stipulates that 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.

When the estate has been divided and the debts have not been paid, if there are legal heirs and testamentary heirs and legatees, the legal heirs shall first use the inheritance to pay off the debts; In the event of insufficient repayment, the remaining debts shall be repaid by the testamentary heirs and legatees according to the inheritance obtained from the case; Those who renounce inheritance or bequest shall no longer be liable for repaying debts.

However, the debt must not affect the reserved share. Article 1141 of the Civil Code stipulates that the will shall reserve the necessary share of the inheritance for the heirs who lack the ability to work and have no livelihood. The share of the estate reserved for the heirs who lack the ability to work and have no livelihood** shall not be affected by the settlement of debts.

1. What should I do if the debtor is missing?

If the debtor is missing, the creditor can legally recover the debt using the following methods:

1. File a lawsuit with the court. During the litigation period, the creditor may file a lawsuit with the debtor's location or the location of the property to recover the debt. In the event that the debtor cannot be contacted, the court may make a judgment in absentia, and although the debtor's whereabouts are unknown, upon the application of the creditor, the court may take the method of auctioning the debtor's house or property to pay off the creditor's debt.

2. Apply to the court for a declaration of the debtor's disappearance. The law stipulates that if the whereabouts of a person are unknown for two years, the interested party may apply for a declaration of his disappearance. After the expiration of the declaration period, the creditor may request the custodian to pay the debt from the property of the missing person.

Creditor's rights that are exclusive to the person and inseparable from the person can be inherited as an inheritance. 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.

1. Can a house on collective land be inherited?

Heirs have the right to inherit houses on collective land. However, only the house that belongs to the decedent who has legal ownership can be inherited, and the land attached to the house cannot be inherited. According to the relevant laws and regulations, the inheritance is the legal property of a wild person left behind when a natural person dies.

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

Second, can rural pension insurance be inherited?

Rural pension insurance premiums can be inherited. Whether a pension can be used as a citizen's legacy. The pension can be inherited as a citizen's inheritance.

However, there are two situations: if the beneficiary is named in the pension insurance contract, the beneficiary will receive the pension insurance money. If no beneficiary is named in the contract, the insurance money may be taken by the insured's heirs as the insured's estate.

3. Is the IOU still valid after the creditor dies?

If the IOU is still valid after the death of the creditor, the creditor's rights will be inherited by his heirs as an inheritance, and the creditor's heirs can claim repayment of the loan from the debtor by virtue of the IOU.

According to the first paragraph of Article 557 of the Civil Code, the creditor's rights and debts shall be terminated under any of the following circumstances:

a) the debt has been fulfilled;

2) Debts are offset against each other;

3) the debtor deposits the subject matter in accordance with law;

4) Creditors forgive debts;

5) Creditor's rights and debts are attributed to the same person;

6) Other circumstances provided for by law or agreed upon by the parties to terminate.

Article 1122 stipulates that an estate is the legal property of a natural person left behind upon his death.

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

According to the principle of relativity of debts, the heir only repays the debts owed by the decedent during his lifetime within the swiftness and scope of the inherited property. And there is a difference in the order, first use the part of the legal inheritance to return; If it is not enough, the testamentary inheritance and bequest part of the estate will be repaid, and the repayment rule of this part of the estate is proportionate. Title VI of the Civil Code provides for succession:

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.

1. What is the essence of succession to treaties?

The essence of succession of treaties is the question of whether the treaties of the predecessor State continue to be in force for the successor State in the event of a change in territory. In general, "impersonal treaties" relating to territory, such as treaties relating to territorial boundaries, river traffic, water conservancy and irrigation, etc., fall within the scope of succession; The so-called "personal treaties" and political treaties related to the personality of subjects of international law, such as treaties of peace and friendship, alliance and mutual assistance, and mutual defense, are generally not inherited. However, this does not preclude the States concerned from deciding or settling the question of succession to treaties by agreement or in accordance with the provisions of the Convention on the Law of Treaties.

The situation of treaty succession is different depending on the change of territory:

(a) At the time of the merger of States, treaties in force in respect of any of the merged States shall remain in force with respect to the successor State, but in principle shall apply only to that part of the territory in force at the time of the succession.

(b) In the case of secession or separation, treaties that were originally in force for the entire territory of the predecessor State shall remain in force for all the successor States, whether or not the predecessor State exists; Treaties that were originally in force for part of the territory of the predecessor State remain valid only for the corresponding part of the successor State concerned with that part of the territory.

c) In the case of a partial transfer of territory, the treaty of the transferor becomes invalid for that part of the territory and the treaty of the transferee becomes effective for the territory concerned.

4) The succession of treaties by a new state formed by independence from a colony shall be subject to special rules: whether or not to inherit the treaty of the predecessor state shall be determined in principle by itself.

2. What are the rules of inheritance.

a) Succession to treaty matters.

Non-personal treaties: generally inherited.

ii) Succession of extra-treaty matters:

Inheritance of property: immovable property is transferred with the territory, and movable property is generally settled by mutual negotiation between the two parties, and the inheritance is determined by close relationship with the territory involved.