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In this case, there is certainly no such obligation, but if there is a capacity. You can also help.
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A case-by-case analysis is required. From a legal point of view, the son is a person with full civil capacity, and the son's debts should be repaid by himself, and the parents are not legally obliged to help repay them, but emotionally speaking, it is okay for the parents to help their son; If the son is incapable of civil conduct or has partial civil capacity, the parents as guardians need to bear the corresponding obligations.
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Parents are not obligated to pay their son's debts. As the saying goes, the father pays the debt to the son. The son has his own way to pay his father's debts.
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Parents are not obligated to pay their son's debts unless the parents so wish.
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Is it the responsibility of the parents to pay back the money owed by the son? The key to the specific situation is to see whether the son is a person with full civil capacity.
1. If the son is a minor (a person with no or limited capacity for civil conduct) under the age of 18, this is called a person with limited capacity for civil conduct in law. Under the age of 10, it is a person who has no capacity for civil conduct. At this time, the parents are the legal guardians of the son, and the parents are responsible for the return of the son's debts.
Of course, China's law also stipulates that a person who has reached the age of 16 and can support himself is also a person with full capacity for civil conduct.
2. If the son is an adult (a person with full capacity for civil conduct), then he is already called a person with full capacity for civil conduct in law, that is, he can independently assume civil obligations and exercise civil rights independently. Since they are independent, at this time, the parents naturally have no legal obligation to repay the money for their son.
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The parents are not obliged to repay the debts owed by the son, and now the debts are paid by whoever owes them.
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What the son owes is, of course, the parents are obliged to pay it for him. Just like the parents dear in the son is also obliged to repay is a truth. Although legally.
Is it okay to be in debt to a son? Still not? Enjoy the case of the inheritance left by the parents, however.
The law says so, which family? Which parent and child doesn't? Check it out or negotiate money.
When the child grows up, don't the parents pay a penny? The child is in debt, the parents are not, pay back my child's money? If you have the ability, you have to pay it back.
This is the basic of being a human being. Morality.
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If the son owes the debt, the parents can help pay it back, after all, it is their own child, and the other party's money is not blown by the wind, it is not easy for anyone to make money, and it is not good for anyone to cheat others for some reason.
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Parents are not obligated to help their son pay off his debts.
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In fact, there is also this obligation.,After all, it's also your own birth.,Besides.,There have been such examples before.,Many of them still have this clothes.,After all, you have a reason!
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If the son is in debt, the parents are not obligated to help the son repay the money.
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There must be no obligation, and it's not that you should be Lao Tzu, why should your parents pay it back to you. Use as much money as you have as much ability, and it is understandable to use more money, and use less money is pretending.
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In the event of the death of the parents, the maximum amount of the inheritance will be returned. If you don't die, you don't need your son to pay it back.
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According to the law, the son owes a debt, and the parents have no obligation to pay the debt for you. It does not fall under the obligation of maintenance or maintenance under the law. So if you owe a debt, don't expect your parents to pay it for you, but generally your parents will take the initiative when they see you in such a difficult situation, but it is definitely not their obligation.
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The parents are not obligated to pay the debts owed by the son. Now the money owed is who owes and who pays it.
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Legal Analysis: Adult children are fully capable of acting and are responsible for themselves. The creditor can only ask the adult child to repay the money owed by the adult child, and cannot ask the parents to repay the money.
Legal basis: Article 17 of the Civil Code A natural person over the age of 18 is an adult. Natural persons under the age of 18 are minors.
Article 18 of the Civil Code: 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 19 of the Civil Code: Minors over the age of eight are persons with limited capacity for civil conduct, and the implementation of civil juristic acts shall be carried out by their legally-prescribed **person** or with the consent and recognition of their legally-designated **person; However, they may independently carry out civil juristic acts that are purely profitable, or civil legal acts that are appropriate to their age and intelligence.
Article 20 of the Civil Code: Minors under the age of eight are persons with no capacity for civil conduct, and their statutory **persons** are to carry out civil law violations.
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Whether the father is required to repay the son's debts depends on the age of the son. If the son is an adult, the father is not required to pay his debts. If it is a minor who does not have full capacity for civil conduct, then the father, as the legal guardian, should repay the debt.
Legal basis: Article 27, Paragraph 1 of the Civil Code Parents are the guardians of minor children.
Article 675 of the Civil Code: The borrower shall return the loan within the agreed time limit. If there is no agreement on the term of the loan or the agreement is not clear, and it cannot be determined in accordance with the provisions of Article 510 of this Law, the borrower may return it at any time; The lender may demand the borrower to return it within a reasonable period of time.
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The parents are not obligated to pay the son's debts. Specifically, the son's debts are his personal debts, and the parents do not need to bear the responsibility for repayment, the property of adult children and parents is clearly divided in law, there is no joint and several liability, and citizens over the age of 18 are adults with full capacity for civil conduct and can carry out civil activities independently. Therefore, the son's debts should be repaid by the son's personal desolation, and the parents are not obligated to pay them.
Legal basis. Article 1161 of the Civil Code of the People's Republic of China [Principle of Repayment of Taxes and Debts of the Decedent] 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 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 may not be liable for the taxes and debts that the decedent should pay in accordance with the law.
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Whether the son's debtor parents refer to Qiyan as having an obligation depends on the situation, and the analysis is as follows: 1. If the son is an adult and is a person with full capacity for conduct, he can be fully responsible for his own behavior, and the parents have no obligation to repay; 2. If the son is a minor, as the guardian of the son, the parents are obliged to help the child repay.
1. Do the parents have the obligation to repay the son's debts?
1. Whether the parents of the son's debts are obligated to repay depends on the situation, and the analysis is as follows:
1) If the son has reached adulthood and is a person with full capacity for conduct, he can be fully responsible for his own behavior, and the parents are not obliged to repay;
2. If the son is a minor, as the guardian of the son, the parents are obliged to help the child repay.
2. Legal basis: Article 34 of the Civil Code of the People's Republic of China.
The duty of the guardian is to carry out civil legal acts and protect the personal rights, property rights and other legitimate rights and interests of the ward.
The rights of guardians arising from the lawful performance of guardianship duties are protected by law.
Where guardians do not perform guardianship duties or infringe upon the lawful rights and interests of their wards, they shall bear legal responsibility.
Where due to emergencies such as emergencies, guardians are temporarily unable to perform guardianship duties, and the ward's life is in a state of no one to take care of them, the residents' committee, villagers' committee, or civil affairs department for the ward's domicile shall arrange necessary temporary living care measures for the ward.
2. Is it illegal for a 14-year-old son to beat his parents?
A 14-year-old son broke the law by beating his parents. It is a criminal offence if a parent is seriously injured. Minor injuries or less are a violation of the Public Security Administration Punishment Law of the People's Republic of China, and the nature of the two is different, and the degree of punishment is also different.
Juveniles who violate the Criminal Law of the People's Republic of China will not be prosecuted if they are under the age of 14; 14-16 years old who intentionally injure a person and cause serious injury shall be held criminally responsible; Minors over the age of 16 who violate the Criminal Law of the People's Republic of China shall bear criminal responsibility. However, minors between the ages of 14 and 18 should be given a lighter or commuted sentence.
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Legal Analysis: Adult children are persons with full capacity for civil conduct, and have the right to independently carry out civil legal acts and bear civil legal liability according to their own will, so the parents of the children have no obligation to return the debts.
Legal basis: According to Article 18 of the Civil Code of the People's Republic of China, adults are persons with complete capacity for civil conduct and may independently carry out civil juristic acts.
Minors over the age of 16 who are sold on a regular basis and rely on their own labor income as their main livelihood, are to be regarded as persons with full capacity for civil conduct.
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If the son is an adult, the debt should be repaid by the son, but if the son is still a minor, the parents, as his guardian, should be responsible for the debt he owes.
Debts to children are on a case-by-case basis
1. For the debts of minor children, since the parents are the legal guardians of the minors, the parents who are the legal guardians of the minors have the obligation to repay the debts for their children when the minors themselves have no property to repay;
2. The child has reached adulthood, and in this case, the parents have no obligation or responsibility to repay the debt for the child;
3. If the adult child has died but has unpaid debts during his lifetime, if the parents inherit the child's estate, the inheritance shall be used to pay off the debts owed by the child during his lifetime, but the debt shall be paid off to the actual value of the child's estate.
If the child owes debts, the parents, as the legal guardians of the children, have a legal obligation to repay the debts in lieu of the children. If the child is an adult who has reached the age of 18, he is the person responsible for the capacity to act, and bears legal responsibility and corresponding consequences for his or her own actions, and the parents are not obliged to repay the debts for the adult child. Unless the child dies, the parents, as the legal heirs, are liable for the settlement of debts up to the value of the estate after the inheritance of the deceased's estate is completed.
The statute of limitations for non-payment of arrears is as follows:
1. For private loans with regular repayment, the statute of limitations is 3 years from the date of expiration of the repayment period, and the right to request protection from the people's court will be lost if it is overdue.
2. For private loans with regular repayment, if the debtor fails to perform the debt after the expiration of the agreed period and issues an arrears note with no repayment date, the statute of limitations shall be deemed to have been interrupted, and the statute of limitations (3 years) shall be recalculated from the day after receiving the arrears note.
3. For private loans with irregular repayment, that is, private loans without indicating the date of repayment, they are not subject to the limitation of the statute of limitations, but are subject to the maximum protection period of 20 years.
4. For irregular private loans, if the borrower clearly refuses to repay the loan (of course, the borrower shall provide evidence to prove that it has clearly stated that it will not repay), the three-year statute of limitations shall apply from the date on which the borrower expressly refuses to repay.
5. For private loans that exceed the statute of limitations, if the parties reach a repayment agreement on the original debt, or the borrower signs and seals the demand notice, it shall be regarded as a reconfirmation of the original debt, and the creditor-debtor relationship shall be protected by law.
To sum up, if the son owes debts, if the son is a person with no or limited civil capacity, the parents, as guardians, should repay the debts of the children. If the child is fully capable of civil capacity, the parent has no obligation to repay the debt. Parents and children are two independent civil subjects and are not confused by the existence of blood relations.
Legal basis.
Article 1068 of the Civil Code of the People's Republic of China.
Parents have the right and duty to educate and protect their minor children. Where minor children cause harm to others, parents shall bear civil liability in accordance with law.
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