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The failure of the parents to pay the debt implicates the child, because only the debtor himself has an obligation to repay the debt, and even the child has no obligation to pay the debt on behalf of the parents. However, if the indebted parent dies and the child inherits the parent's estate, the child is obligated to pay the debt to the extent of the value of the inheritance. Because the law stipulates that the heir shall pay off the taxes and debts that the decedent shall pay according to the law within the actual value of the inheritance.
Legal basis] Article 1161 of the Civil Code, the heir 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.
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Legal analysis: If a son owes debts, he generally will not wantonly affect his parents. The parties to the loan contract are generally persons with full capacity for civil conduct and can bear responsibility independently, so the parents are not liable for the debts of their sons except that the parents inherit the property of their sons in accordance with the law.
Legal basis: Article 17 of the Civil Code stipulates that natural persons over the age of 18 are adults.
Natural persons under the age of 18 are minors. Article 18: Adults are persons with full capacity for civil conduct, and may independently carry out civil juristic acts. Minors over the age of 16 who rely on their own labor income as their main livelihood** are to be regarded as persons with full capacity for civil conduct.
Article 1161:The heirs shall pay off the taxes and debts that the decedent shall pay in accordance with law to the extent of 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 heirs of Split Huikai renounce the inheritance, they may not be liable for the taxes and debts that the decedent should pay in accordance with the law.
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Legal analysis: Generally not, it depends on whether the child has civil capacity, and the debts owed by the child with civil capacity are repaid by him personally, and have nothing to do with his parents. Without civil capacity, the parents, as guardians, bear the responsibility of repaying the arrears of their children, which will involve the enforcement of the parents' property.
If the person is listed as a dishonest person, it may affect the children, mainly: (1) You are not allowed to attend high-fee private schools, mainly referring to high-fee aristocratic schools, and public universities are not in this category; (2) The admission qualification for civil service examination will be affected; (3) Limit self-financing for children to study abroad. 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.
If the father is alive, the children have their own property if they already have their own independent financial income. In general, the father owes a debt, and the child has no obligation to pay it. However, the child has an obligation to support his 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.
Derivative question: How much money can be filed if you don't pay it back?
Owed money is not a civil case, under normal circumstances, the intervention will be very shallow, will not go deeper, at most it is mediation and mediation, and will not file a case. If you report the crime of fraud, then ** will be very cautious, whether the person who owes money and does not pay it back can constitute the crime of fraud is not certain, so it is impossible to solve the problem of not paying back the money owed by calling the police.
You can go to court and sue for repayment. Debts should be discharged. If it is temporarily unable to repay, the debtor may repay it in installments with the consent of the creditor or the ruling of the people's court. At the same time, the borrower shall pay the interest according to the agreed period.
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