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Whether or not to repay the debt depends on the choice of the parents. If a person does not have a spouse or child, the heirs to the estate after death are his parents. If the parents inherit their estate, they will need to inherit their debts at the same time and pay them off on their behalf.
If the parents choose to renounce the estate, then there is no need to pay their debts, and only the debtor's estate is used to pay off the debts.
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If the debtor has property to inherit, the parents accept the inheritance and repay the arrears within the scope of the inherited property. If there is no property to inherit, or if the parents do not accept the inheritance, there is no need to pay it back.
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According to article 33 of the Inheritance Law, the inheritance shall pay off the taxes and debts payable by the decedent 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.
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The rule is that the debtor dies and has no spouse and children, and only his parents can pay the debt.
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This is not needed, the debt is personal, the family cannot be implicated, and the parents do not have to pay for the debts of their son, unless they are minors.
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Now that the person is dead and has no spouse and children, do the parents need to pay the debt? If the debt owed is not much. As a favor, I personally think that you don't need to ask for it, and if the person who owes the debt has too much money, you can go through the judicial process.
It is the parents of the present person who are obliged to repay the arrears. Well.
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This is how it is stipulated that after the death of a person now, his legal heirs will inherit the debts, and if he has no other heirs, it can only be paid by his parents. Hope.
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The debtor is dead, and he has no spouse and no children, but he has assets in his name, and whoever inherits his estate can find whoever owes the debt.
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Look at how to say, parents owe money and children pay it back, and parents don't agree with children's debts, and you can't help it, because your parents can't even survive on their own, and there is no reason to pay you back.
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If the debtor dies, the heirs of the debt will pay it, and his parents must inherit the debt together in order to inherit his property, and there is no obligation to repay the debt if he does not inherit the debt.
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The new constitution stipulates that the father's debt may not be repaid by the son, and it depends on what the son owes is used for? If the parents enjoy the debts incurred, it is necessary to pay them off.
The debts incurred by the son after the age of eighteen, and he has no property, it has nothing to do with his parents, so he does not have to pay it back.
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If the parents have recovered the property of their children, they should pay it back on behalf of their children if the value of the property can be offset by the arrears.
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It depends on the situation, if you can't afford to repay, use the property as collateral.
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If the parents reach adulthood, they are not obligated to repay the debts owed by their children.
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The debtor dies and the parents do not need to pay the debt.
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Parents should not have such an obligation
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Legal analysis: Parents and children are two independent civil subjects, which are not mixed up due to the existence of blood balance and mountain relationship, and parents' debts have nothing to do with their children. In fact, the laws of our country do not support the saying that "the father pays the debt to the son".
However, if the parents have property left to their children to inherit, the children shall be liable for repayment within the scope of the inheritance; If the parents do not leave the property to the children, the children are not liable.
Legal basis: Civil Code of the People's Republic of China
Article 1161: The heirs shall pay off the decedent's hidden tax allocations and debts to the extent of the actual value of the inheritance they have received. 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:The execution of a bequest shall not hinder the repayment of taxes and debts that the legatee shall pay in accordance with law.
Article 1163:Where there is both legally-prescribed succession and testamentary succession or bequest, the legally-designated heirs are to 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.
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Legal analysis: He died, if he did not leave a legacy of grinding ant property, you will not get the money back, because the children do not have the right and obligation to repay the debt for their father, of course, if the debtor has a clear inheritance after death, his children should inherit the inheritance on the basis of first repaying the debt, if the estate is insolvent, such as a debt of 10,000, the estate is only 8,000, then all the 8,000 is used to repay the debt.
Legal basis: Article 114 of the Civil Code of the People's Republic of China Article 114 The estate administrator shall perform the following duties: (1) Clean up the estate and make a list of the estate; (2) Report the inheritance to the heirs; (3) to take necessary measures to prevent the damage or loss of the heritage; (4) Dealing with the creditor's rights and debts of the decedent; (5) Divide the estate in accordance with the will or in accordance with the provisions of law; (6) Carry out other necessary acts related to the management of the heritage.
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From a legal point of view, children are not legally obligated to pay debts on behalf of their parents; However, in the following cases, the child shall repay the debt on behalf of the parents: 1. Accepting a gift from the parents, causing the parents' debts to be unable to be repaid, regardless of whether the gift is made consciously or unconsciously; 2. Inherited the inheritance from the parents, and assumed the debts within the scope of the inheritance; 3. The debts borrowed by the parents are used for the common life of the family, especially for the life of the children, and the children live with their parents. It can be seen from this that if the inheritance is accepted, it is necessary to repay the debts of the parents within the scope of the inherited inheritance.
Article 18 of the Civil Code provides that 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 1067:Where parents do not perform their obligation to support them, minor children or adult children who are unable to live independently have the right to demand that their parents pay them for raising their brothers.
Parents who do not fulfill their obligation to support their adult children, who lack the ability to work or who have difficulties in living, have the right to seek maintenance from their adult children as soon as possible.
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