A septuagenarian pays off his deceased son s debts, can t the debts of a person s death be eliminate

In the unfortunate event that the borrower passes awayAs long as the debt is real and protected by law during death, the debt still exists after death, and there is no such thing as the death of the debt. <>

The debts after death shall be borne by the spouse or heirs, in accordance with the relevant laws and regulations of our countryWhen the borrower dies, his or her spouse is jointly and severally liable for the joint debts during the marriage because of the marital relationship with him. In other words, the husband and wife are still in marriage, and the debts of either party are joint debts of the husband and wife and need to be repaid jointly. If there is no marital relationship or widowhood, and there are heirs to the property, the heirs need to bear the corresponding repayment liability.

When the heirs inherit the borrower's estate, they need to pay off the debts within the estate before they can accept the estate. The scope of heirs is relatively large, from spouses, to children, to parents. <>

People die and the debt is not extinguished, but there is no provision for the father to repay the debt of the son, and many people think that the repayment of the father's debt and the son is justifiedHowever, according to the law, children or elders are not obligated to bear the debts of their deceased relatives and repay them. As mentioned earlier, only if one party inherits the borrower's estate, the obligation to repay the debt is automatically assumed. However, it should be stated that the upper limit of the debt to be repaid by the heirs is the actual value of the estate.

For example, if the total debt is 2 million, and the actual inheritance is 1.2 million, the part that needs to be repaid is 1.2 million. It would be one thing if the heirs would voluntarily repay it like the old man in the question, and if they did not want to, the excess would not need to be repaid with their own property. <>

In summary,There is no such thing as a person dies and debts are eliminated, as long as there is an inheritance, there is a possibility of debt repayment. Of course, there is an extreme situation where the debt will be eliminated, that is, no one wants to inherit the inheritance, or there is no heir to inherit at all, then the debt will really be gone, and the creditor will be more sad. So from this point of view, the sentence "borrowing is risky, borrowing money needs to be cautious" is not unreasonable.

If the debts are real and protected by law during life, the debts still exist after death, and do not exist in the statement that the debts are eliminated after death.

The debt of death cannot be extinguished. There is a saying that the father pays the debts of the son, although the old man pays the debt of the deceased son is sympathetic, but it is not easy for everyone to make money.

Of course not, whoever is still there will be held responsible. Because as his parents, his parents are also responsible, especially for institutions such as borrowing banks, and parents are even more obliged to repay the loans.

The old man scraped together thousands of change to pay off the debts of his deceased son, after the death of his relatives, I will also repay the debts for the other party, in my cognition, it is a matter of course to repay debts, although there is a saying among the people that "people die and have bad debts", but there are also examples of "father's debts and sons' debts". I believe that whether it is out of morality or good faith, after the death of a close relative, there is an obligation to help repay the debt.

China's laws have also made some provisions on whether there is an obligation to help repay debts after the death of such relatives. The Civil Code clearly states that if a loved one dies and the heirs inherit their assets, then there is an obligation to help them repay their debts. However, the amount to be repaid is limited to the inheritance of the inheritance, and the excess part may not be repaid, except if the heir voluntarily repays it, then this is not the case.

If the heir voluntarily renounces the inheritance of assets, then he will not have to bear the debts he owes during his lifetime. It can be seen that China's law has made reasonable and legal provisions on whether there is an obligation to help a loved one repay his debts when he dies.

Although the law stipulates that a person who inherits his assets can help the deceased to repay his debts up to the amount of his assets. However, I still think that if you are a close relative, you should consciously assume the obligation to help repay your debts, which has nothing to do with the law, but only with conscience and morality. Helping a deceased loved one pay off their debts is also a comfort in the heart.

The law also stipulates that if the child dies and the minor child has no property to pay the debt, then the parents are obliged to help pay the debt. If the deceased child has reached adulthood, the parents inherit the assets of the deceased and repay the debt up to the value of the inherited assets. However, this is not limited to the voluntary repayment of debts by the heirs.

That is, if a loved one voluntarily pays off a debt for a deceased loved one, then the law is also acquiescing. I think it's very human nature for the law to do this. If you are able, you should help your deceased loved one pay off their debts.

If you have limited means, you should also try your best to pay off the debts of your deceased loved ones.

I will, I will definitely have to pay back the money I owe to others, because it is not easy for others to make money.

After confirming the death, I will also help repay the loan, after all, if you owe money to others, you should return it to yourself in time, as the other party's relatives, you must get this matter done.

After the death of a loved one, whether to repay the debt for the other party, this has to be decided according to the actual situation, if it is a small amount, then I can afford it. If it's a huge amount, then I can't pay it back.

Legal Analysis: The debts of the deceased are paid by their estate. After the repayment, there is still an inheritance, and the rest is inherited by the heirs.

If the entire estate is insufficient to pay off the debts, the heirs have no obligation to repay the remaining debts after the debts have been repaid with the estate. Of course, the law also allows the heirs to voluntarily repay the part of the debt for the deceased that exceeds the actual value of the estate. However, a distinction should be made between the personal debts of the deceased and the debts of the family.

If a debt is borrowed in the name of a member of the family and then used for family life, the debt should not be attributed to him personally after the death of the family member, but should be jointly borne by all family members. If the estate left by the deceased is not inherited and no one accepts the bequest, it shall belong to the State or collective organization or relevant unit. In this case, the debts of the deceased will be paid off by the country, collective organization or relevant units that receive the estate within the actual value of the estate.

If the tax payable by the deceased during his lifetime but has not been paid, it shall be limited to the actual value of the deceased's estate, just like the repayment of general debts. If the heirs voluntarily pay the tax on behalf of the heir after paying the tax at a discount to the entire estate, it should not be prohibited even if he does not have the obligation to do so.

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 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 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. Article 1162 of the Civil Code of the People's Republic of China: The execution of a bequest shall not hinder the repayment of taxes and debts payable by the legatee in accordance with law. 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: China's law does not allow such a provision for the repayment of father's debts by sons. That is, the child is not obliged to pay off the father's debts, unless the children inherit the father's estate, then at the same time inherit the debts that return to him, then there is an obligation to return them.

Legal basis: Civil Code of the People's Republic of China Article 1161 The principle of repayment of taxes and debts of the decedent, the heir shall pay off the taxes and debts of the decedent according to 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 heir renounces the inheritance, he or she may not be liable for the taxes and debts that the decedent should pay in accordance with the law.

Generally speaking, the debt of the son should not be paid by the father. However, from a legal point of view, whether the child debt should be repaid by the father depends on whether the father inherits the child's estate, and if it is inherited, then the child debt must be repaid by the father.

It is possible for the son to pay the debt to the father. Because the law states that if the father inherits the child's estate, then he must inherit it along with his debts. In other words, if the father accepts the property of the child, then the debt will also be taken over, and you can't say that as long as the property, there is no debt, there is no such good thing.

Unless the father does not take over the child's estate, then the child's debt will not have to be repaid by the father, because he has not taken over the child's debt. Of course, this is only from a legal point of view, if from a moral point of view, in fact, regardless of whether the father takes over the child's inheritance or not, he can not repay the child's debts, because there has never been such a thing as a son paying a debt to the father, only a statement that the father pays the child's debt. Chinese cultural tradition is like this, so even if the father does not help his child pay off his debts, he will not be blamed by others.

The question of whether the debt should be paid by the father is actually very complicated. According to the provisions of the Civil Code, the heir 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. 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.

In general, whether the child debt should be repaid by the parent is considered on a case-by-case basis. But the main thing is to look at the inheritance, if there are debts in the inheritance, then the child debts should be paid by the father.

The old man scraped together tens of thousands of change to pay off the debt of his deceased son, and I personally think that the son's debt should be repaid by the father; But legal civil debtsThere is no need for the father to pay the debt to the sonUnless the father dies, the son, as the heir, is liable for the repayment of the debts within the scope of the inherited estate.

First of all, I don't think it's legally necessary to come to my father to pay it back. But in terms of morality, it is still necessary to have a father to pay it back. After all, it's their own children.

In fact, the relevant laws of our country do not stipulate that parents must repay the debts owed by their deceased children, so if from a legal perspective, the elderly can choose not to repay the debts. Even from a moral point of view, this old man is nothing, if he doesn't pay it back

The man borrowed 60,000 yuan and died of illness before paying it off, and the old father scraped together 10,000 change to pay off his son's debt. The creditor said that there was no need to scrape together any more money, and the rest was not needed. took five jiao, one yuan, and other denominations in cash, and went to the court to pay back the money for his son Bai Xinmou, who died of illness.

Depending on the circumstances, if the parent is a minor, the parent, who is the legal guardian, is obliged to pay the debt on behalf of the child. In the case of an adult, the parents have no obligation or responsibility to pay the debt on behalf of the child in this case.

Legal analysis: whether the debts of a person should be repaid by his children after death, depending on the specific circumstances, if the deceased has an inheritance, the heirs shall bear the relevant debts within the scope of inheritance, and there is no obligation to repay the excess part; If there is no heir or the heir renounces the inheritance, the creditor may enforce the deceased's estate; If there is no inheritance, the debt is extinguished.

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 within the limit of the actual value of the inheritance. The part exceeding the actual value of the estate is subject to this restriction for the part voluntarily repaid by the heirs.

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