Does Chinese law have father s debts repaid by children Which debts belong to fathers and sons?

If the child inherits the inheritance of the parents and the parents have debts, the parents' debts must be paid off. The father's debts may not be repaid, and the personal rights and obligations belong to the person and have nothing to do with others. A person's rights and obligations arise with the birth of the life of the person concerned, and the end of the life of the person concerned.

Legal analysisAccording to modern legal theory, the father and the son are two independent civil subjects, which are not mixed up by the existence of blood relations, and the father's debt has nothing to do with the son. According to the relevant laws and regulations of the state, the inheritance shall repay the debts owed by the deceased during his lifetime, but shall be limited to the actual value of the estate, and the heir shall not be obliged to repay the excess part. In this sense, the debt of the father to the son is still legally unfounded.

If the son inherits the father's inheritance, accepts the father's gift, and uses the money borrowed by the father, the son needs to repay the father's debts. Other than that, there is no repayment of the father's debts and the son's debtsLegal basisTarget. the father's personal debts, the children are not obligated to repay; If the father has property, it is repaid by the father's property; If the property has already been inherited by the heirs, then the heirs should pay this debt.

If the property is insufficient to repay the share of the debt, then the successor inherits as much property as the debt is repaid, and the shortfall does not have to be repaid. But the Son shall pay the debt in place of the father if he accepts a gift from his father, which causes the father's debt to be unpaid, whether consciously or unconsciously; Inherited an inheritance from his father, and within the scope of the inheritance, assumed debts; The debt borrowed by the father is used for the common life of the family, especially for the life of the son, who in turn lives with the father.

Legal basisArticle 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.

There is no such thing as the repayment of the father's debt in the law, and the house that your father bought for you in the case If the name of the property owner is yours, then it is your property, and even if others apply for enforcement, there is no way to enforce your property, only the debtor's property, your father, support your father After all the property is enforced, if the other person is still alive, the subsequent debts will be repaid by herself, and it has nothing to do with you, so sleep peacefully and make money steadily.

There is no provision in the law for the repayment of debts from the father to the child. However, if you inherit an inheritance, you are obliged to bear the taxes and debts that the deceased should pay according to the law. If the actual value of the inherited estate is exceeded, the excess can be repaid without repayment.

Article 1159 of the Civil Code [Obligations when dividing the estate] When dividing the estate, the taxes and debts that the decedent shall pay in accordance with the law shall be paid off; However, the necessary inheritance should be reserved for the heirs who lack the ability to work and do not have a livelihood.

Hello! Although there is no provision in Chinese law that the father and the son repay the debt, the foreign debt owed when the father and the son are separated is the joint foreign debt of the family, and the son is obliged to repay the debt when the father dies or is unable to repay.

There is no such thing as a father's debt to the son. The amount of money your father needs to pay can only be paid out of his personal property. Of course, if the father really has no money to pay it back, and the daughter is willing to pay it back, she can also help pay it back.

If the personal debt is repaid, it will not affect the family or a third party

Chinese law does not provide for "repayment of debts by father and son". In the case you mentioned, the daughter can voluntarily repay the debt for her father, but if she is unwilling to repay the debt for her father, she cannot be forced.

China's law does not have the provision of "repayment of father's debts to children", that is, children have no obligation to pay off their parents' debts, but there are exceptions, which are analyzed below

a) The child is not obliged to pay the debts of the parents.

When the parents are alive, the children have their own independent economic income and their own property, and the children are not obliged to repay the debts of their parents. According to the provisions of the Civil Code of the People's Republic of China on contracts, contracts are relative and only binding on both parties to the loan contract. Unless the agreement between the creditor and the debtor is changed or the debt between the other source ridges is related to the child, the parental debt is only a personal debt, and the child has no obligation to repay.

2) The child may be liable for the debts of the parents.

In the event of the death of the parents and the inheritance of the estate, according to the provisions of the Civil Code, the children who inherit the property of the parents need to bear the corresponding repayment obligations. Children are required to pay off debts and taxes within the actual value of the inheritance, and there is no limit to the voluntary repayment of excess children. If a child renounces the inheritance, he or she is not legally liable for the repayment of taxes and debts that are legally due.

As a result of a child's acceptance of a gift from his or her parents, the parents are not required to pay their debts and are required to pay the debts on their behalf.

Legal basis

Article 119 of the Civil Code of the People's Republic of China.

A contract established in accordance with the law is legally binding on the parties.

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 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 the bequest shall not prevent the payment of taxes and debts payable by the legatee in accordance with the law.

Hello dear, it is still illegal for the father to owe the son. When the children inherit the estate, they shall bear the responsibility of repaying the debts within the scope of the actual value of the inheritance of the decedent's estate, and the heirs shall not be liable to pay off the debts for the part exceeding the actual value of the estate, unless the heirs voluntarily repay the debts. At the same time, if the heir renounces the inheritance, he will not be liable for the debts of the decedent.

There is no such provision in Chinese law that the father shall repay the debts of the children, that is, the children are not obliged to pay off the debts of their parents.

Questions. The debtor's account is in the son's house, and the son uses it to pay off the debt.

Hello, no, who borrowed, who signed, who returned.

Questions. The debtor is involved in a criminal case and the fraud will not affect the son's family.

If the party gives money to his son and is suspected of transferring property, the son will be affected, and vice versa.

Questions. The debtor is almost 80 years old, will he be dealt with lightly according to his age?

Criminal Law of the People's Republic of China》 Article 17: Where a person who has reached the age of 75 intentionally commits a crime, the punishment may be mitigated or commuted; Where negligence is committed, the punishment shall be commuted from those who are light or coarse in the rocky and land zone. The death penalty shall not be applied to a person who has reached the age of 75 at the time of trial, except in cases where death is caused by particularly cruel means.

If you go to jail, you will be punished lightly, but you can't pay back any money owed.

Unless a person dies, there is no less.

Questions. The debtor has no ability to pay the debt, and he doesn't contact his family, and the family doesn't know what he's doing and how much he owes.

Only he knows about it, but if you don't maliciously transfer the property to your account, you don't have to be held responsible.

Although the father's debt to the son still has deep-rooted roots in China's cultural and legal traditions, this statement is legally untenable. The law does not stipulate that the father's debt must be repaid by the son, but not all cases do not need to be repaid by the father and the son.

First of all, the debtor has the right to claim the repayment of the father's debts and the son's debts if the following conditions are met: the legal inheritance right between the parents and the children is valid; the inheritance of the parents inherited by the child; And the value of the debt is less than the value of the estate.

To sum up, the heir (child) inherits the inheritance left by the parents, and if the decedent (parents) still has debts, then the heirs need to pay off the debts before they can divide the property. If the debt exceeds the actual value of the estate, and the actual estate is insufficient to pay off the debt, then the heir is not liable for repayment, and the law does not stipulate that the deficiency is obliged to repay unless the heir voluntarily repays. If the heir renounces the inheritance of his parents, he or she does not need to repay the debts left by the deceased during his lifetime.

In addition, there are two main situations in which the father must repay the debt of the child:

a) The parents' borrowing is for the common life of the family members. If the money borrowed by the parents is for the family to live together, then the debt cannot be considered as the personal debt of the parents and should be repaid by the family members jointly.

2) The child does not fulfill the obligation to support. If the disruptive parents borrow money to maintain themselves because the children do not fulfill their maintenance obligations, the children will have to bear the obligation to pay off the debts, regardless of whether the debts are greater than or less than the inheritance.

Finally, the statute of limitations for borrowing is three years.

Legal basis

Article 188 of the Civil Code stipulates that the statute of limitations for filing a request to the people's court for 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.

In cases where the lawsuit is filed beyond the time limit, the defendant has the right to defend the statute of limitations, and should raise it in the first instance ** defense, and if it is ascertained that the matter is true, the court will reject the plaintiff's claim.

Legal analysis: China's law does not have provisions on the repayment of father's debts and sons' debts. Parents and children are also two independent civil subjects, not confused by the existence of blood relations, and paternal debts have nothing to do with their sons. If the child inherits the mother's estate, the parent shall be repaid for the debts owed during his lifetime.

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. If the part exceeding the actual value of the estate is voluntarily repaid by the heir, and the heir renounces the inheritance within this limit, the tax and debts that the decedent shall pay in accordance with the law may not be liable for repayment.