How long the right to debt is retained after death, and the statute of limitations after the death o

The first 2 articles copied by friends upstairs are still OK.,It's just that the legal terminology is too professional.,Maybe the landlord has difficulty understanding.,I'll give you a non-copy.、Popular?

1. "How long is this IOU valid for?" The IOU is still valid, but from the time of the debtor's death (your father's friend), your family can claim repayment from his heirs.

2. When repaying debts:

1) The inheritance shall be repaid first, and if the estate has been divided, the heir who inherits the estate shall be responsible for repayment within the scope of the inheritance inherited.

There are no heirs to inherit the estate and there is no obligation to repay your family's debts.

2) Debts beyond the scope of the inherited estate: the heirs are not obliged to repay. When his estate is not enough to pay, the remaining part of the debt can only be ended, that is: the debt is blind and cannot be claimed.

3. About your addition:

1) If there is no agreed repayment period, you can demand it at any time, and the statute of limitations will be calculated for 2 years from the time of demand.

2) It has been 6 months since his death: If it has been less than 2 years since you learned of his death, you can file a lawsuit with the court to settle the debt if you fail to repay the debt through negotiation with the other party.

3) It has been 6 months since his death, and if his estate has been divided, it may be difficult for you to collect the debt. It is advisable to sue his heirs for repayment of the debt as soon as possible.

4) His legal first-order heirs are: his spouse, children, parents (if they were still present at the time of his death).

As a natural person, he or she enjoys the capacity for civil rights in accordance with the law, and is one of the civil subjects, and can enjoy various personal rights and property rights. A natural person is the legal subject of various personal rights and property rights relations. Once a natural person dies, the above-mentioned legal relationship is extinguished due to the lack of legal subjects due to the death

1.The original legal relationship of property ownership with the natural person as the subject no longer exists, the object of its property right is transformed into an inheritance, and its heirs and legatees become the subjects of the new legal relationship of property ownership;

2.The original legal relationship of creditor's rights with the natural person as the subject no longer exists, the object of its property right is also transformed into an inheritance (unless it cannot be an inheritance under the law), and its heirs and legatees become the subjects of the new legal relationship of creditor's rights;

3.The original legal relationship of intellectual property rights with the natural person as the main body no longer exists, and the property interests included in the intellectual property rights for a certain period of time shall be transformed into an inheritance and enjoyed by its heirs and legatees. The true state of the original intellectual property object shall be safeguarded by the natural person's close relatives or the state;

4.The personal rights originally attached to the natural person (including personality rights such as the right to life and health, the right to name, the right to portrait, the right to reputation, and the right to privacy, and the right to marital autonomy, the right to support, the right to support, and other identity rights) no longer exist and are no longer extended.

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When a creditor dies, the claim is not extinguished. For the debtor, when the debt is due, it can choose to perform it to the creditor's legal heirs. For the creditor's heirs, if the debtor claims that the creditor dies and fails to perform the debt, he, as the creditor's legal heir, can claim the creditor's right against the debtor.

However, there is an exception for claims that cannot be inherited according to the provisions of the law or by nature of Biliangyan. Generally speaking, non-personal legal claims can be inherited.

1. What should I do if the debtor dies and the debt is gone.

In the case of the debtor's death, if the debtor has a spouse and the debt is a joint debt, the creditor can claim the debt against the spouse;

If the debtor does not have a spouse or the debt is not a joint debt, the debtor's estate is used to pay the debt, and if the debtor's heirs inherit his estate, the creditor can collect the debt from his heirs.

2. How to claim the arrears after the debtor's death.

After the death of the debtor, the debtor may also claim the arrears from the following persons:

1.If the debtor dies, the heirs of the debtor's estate shall repay the debts of the deceased to the extent of the inheritance inherited;

2.If there is no inheritance, if the debtor is a debtor, the guarantor shall bear the guarantee liability;

3.If the debt is a joint debt, the debtor's spouse shall bear the debt after his or her death.

4.If there is no such circumstance, the creditor's rights and debts will be extinguished and no further repayment will be required.

Article 1122 of the Civil Code of the People's Republic of China provides that inheritance is the personal lawful property left by a natural person when he or she dies. An inheritance that is not allowed to be inherited in accordance with the law or by its nature shall not be inherited.

Legal analysis: The statute of limitations for the death of a creditor refers to the temporary suspension of the calculation of the statute of limitations period in a lawsuit if the obligee is unable to exercise the right to claim due to statutory reasons within the last six months of the statute of limitations. The reasons for the suspension of the statute of limitations include force majeure, loss of civil acts, failure to determine the legal person, failure to determine the heir after the commencement of inheritance, or other obstacles to the inability to exercise the right to claim.

The limitation period continues to run after the reason for suspension is eliminated. Potato.

Legal basis: Article 194 of the Civil Code of the People's Republic of China: Where the right to claim cannot be exercised due to the following obstacles within the last six months of the statute of limitations, the statute of limitations is suspended:

a) Force majeure;

2) A person who lacks or has limited capacity for civil conduct knows that there is no legally-prescribed person, or that the legally-prescribed person dies, loses civil capacity, or loses rights;

3) The heir or estate administrator has not been determined after the commencement of the inheritance;

4) The right holder is controlled by the obligor or other person;

5) Other obstacles that make it impossible for the right holder to exercise the right to make a claim.

The statute of limitations expires six months from the date on which the reasons for the suspension of the statute of limitations are eliminated.

Lawyer's analysis: The statute of limitations for debt has nothing to do with death, it depends on the statute of limitations of the IOU itself.

1. The statute of limitations for IOUs is several years.

1. It depends on the content of the IOU, if the repayment time is not specified, the statute of limitations is 3 years from the date of the lender's request for repayment.

2. If the repayment time is specified on the IOU, it shall be counted as 3 years from the date of expiration of the repayment period.

3. If the repayment date is not indicated on the IOU, the creditor can request the debtor to repay at any time, and the debtor can also repay the creditor at any time.

4. The IOU is a debt dispute, as long as the creditor has evidence to show that it has claimed rights within the limitation period, the statute of limitations will be recalculated, but the statute of limitations shall not exceed 20 years.

Legal basis]:

The Civil Code of the People's Republic of China

Article 188:The statute of limitations for requests to the people's courts for the protection of civil rights is three years. Where the law provides otherwise, follow those provisions.

The limitation period is calculated from the date on which the right holder knows or should know that the right has been damaged and the obligor. Where the law provides otherwise, follow those provisions. However, if more than 20 years have elapsed since the date on which the rights were infringed, the people's courts will not grant protection, and where there are special circumstances, the people's courts may decide to extend the rights holder on the basis of the right holder's application.

Article 189:Where the parties agree to perform the same debt in installments, the statute of limitations period is calculated from the date on which the last period for performance is completed.

Article 190:The statute of limitations for persons who lack or have limited capacity for civil conduct to make claims against their legally-prescribed persons is calculated from the date on which the legally-prescribed ** person terminates.