If the debtor dies and the family does not admit it, can the debt be eliminated after the death of

This situation also needs to be specifically analyzed, the creditor has the right to apply to the people's court for compulsory enforcement, if after the death of the debtor, the debtor's claim is the death of the joint debt of the husband and wife, the debtor's spouse still has the responsibility to repay.

No, if the family does not admit it, it is not possible to pay off the debts after death, and if the deceased has an abnormality during his lifetime, he will use these inheritances to pay off the debts.

Hello, this is not possible, it stands to reason that if the debtor dies, then the first relative of the other party will continue to be responsible for it, so the death of the debtor cannot be used as a reason not to repay the debt.

When a person dies, whether the debt dies depends mainly on whether the debtor has left an inheritance. The first issue to be clear is that personal debts are not related to family members in principle. Second, the issue of inheritance.

Although the creditor's rights and debts have nothing to do with the family in principle, it is obviously unfair if the family inherits the debtor's estate but does not want to bear the debt. Therefore, if the debtor dies and leaves no inheritance, the debt can only be "wiped out by death". If there is an inheritance, the corresponding debt will be borne by the subsequent recognition.

According to Article 1161 of the Civil Code, the heirs shall pay off the taxes and debts payable by the decedent in accordance with the law to the extent of the actual value of the estate obtained. 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. Of course, the portion that exceeds the actual value of the estate is not compelled to be repaid by the heirs.

In other words, if a person dies and does not leave any inheritance, the debt is extinguished.

Assuming that the debtor has very little debt during his lifetime, such as using online credit to borrow money, and owes very little, it may eventually form a bad debt. Although in theory the debt lawsuit has nothing to do with the amount owed, in reality, the amount owed by the debtor is too low, and the creditor is likely to ignore it. After all, theory is theory, and reality is reality.

For example, if you only owe thirty or fifty dollars, the creditor will file a civil lawsuit against the heir for the thirty or fifty yuan?! The cost of collecting the arrears is much higher than the amount owed, not to mention the manpower consumption, and the delay is not worth the time. Therefore, in this kind of situation, although theoretically the creditor can recover the arrears in accordance with the law, in practice they are basically regarded as bad debts, and they become "dead debts".

If the debtor has no property, the family members will not admit it, and the debt will be extinguished. If the debtor has property, he can dispose of the property in the debtor's name to pay off the debt! First of all, it is not a certain "death of debts", only for the debtor has no property left to the heirs; That is to say, if there is property left, the property must be repaid first; Secondly, it depends on how to explain the "gone" person?

If the person is gone, the creditor can still claim rights in accordance with the law; For example, litigation, the disappearance of the applicant debtor and the appointment of an escrow of his property, the death of the applicant debtor and the claim against his heirs; Of course, it is still up to the creditors themselves to take the initiative to protect their rights, and the three laws do not protect those who sleep on their rights.

Legal Analysis: After the death of the debtor, the debts are generally borne by the spouse or heirs. Other relatives, such as parents and children, are not liable if they do not inherit property. The details are as follows.

1. If the spouse of the deceased debtor is determined to be a joint debt of the husband and wife, it is necessary for both husband and wife to jointly bear the implicit burden. After the death of one party, the estate part can be used to pay off this part of the debt, and if it is insufficient to pay off, there is no need to bear joint and several liabilities for repayment. Judicial Interpretation II of the Marriage Law stipulates that if one of the husband or wife dies, the surviving party shall be jointly and severally liable for the joint debts incurred during the existence of the marital relationship.

At the same time, the Marriage Law stipulates that if the husband and wife agree that the property acquired during the marriage relationship belongs to each of the husband or wife, and the third party knows of the agreement, the debts shall be paid off with the property owned by the husband or wife. In this case, the husband and wife practice the joint property system, or although the individual property system is implemented, the third party does not know that what they have agreed on is the joint debt of the husband and wife.

2. Heirs of the deceased debtor. According to the provisions of the Inheritance Law, the inherited property shall pay off the taxes and debts that the decedent shall pay in accordance with the law, and the payment of taxes and debts and the actual value of his estate shall be limited to the extent of the part exceeding the actual value of the estate, and the heir shall voluntarily repay the part exceeding the actual value of the estate. If the heir renounces the inheritance, he may not be liable for repaying the taxes and debts that the decedent shall pay in accordance with the law.

Legal basis: Civil Code of the People's Republic of China

Article 579:Where one of the parties fails to pay the price, remuneration, rent, or interest, or fails to perform other monetary debts, the other party may request payment from the other party.

Article 500 Where one of the parties fails to perform a non-monetary debt or the performance of the non-monetary debt does not conform to the agreement, the other party may request performance, except in any of the following circumstances:

1) Legally or factually unable to perform;

2) the subject matter of the debt is not suitable for compulsory performance or the cost of performance is excessive;

3) The creditor does not request performance within a reasonable period of time.

Where there are any of the exceptions provided for in the preceding paragraph, resulting in the inability to achieve the purpose of the contract, the people's court or arbitration institution may, at the request of the parties, terminate the contractual rights and obligations, but this does not affect the assumption of liability for breach of contract.

Article 581:Where one of the parties fails to perform the debt or the performance of the debt does not conform to the agreement, and performance cannot be compelled based on the nature of the debt, the other party may request that it bear the cost of substitution performance by a third party.

In the event of the death of the debtor, if it can be confirmed that the loan was a joint debt of the husband and wife, it should be repaid by the joint property of the husband and wife after his death, and if the joint property owned by the husband and wife is insufficient to pay off the debt owed during his lifetime, and the debtor has no other personal property during his lifetime, the other spouse shall continue to repay the debt. If the debtor has other property during his lifetime, the missing manuscript can be repaid by the debtor's living property, and if there is an inheritance, it can be repaid by the heirs of the estate.

In addition, according to the relevant provisions of the inheritance law, the heir shall pay off the taxes and debts owed by the decedent according to law at the same time as inheriting the estate, and the taxes payable and the debts to be paid shall be limited to the actual value of the inheritance, and if the actual value of the inheritance is exceeded, if the heir voluntarily repays, it shall not be within this limit.

If the heir renounces the inheritance, he shall not be liable.

Article 33 of the Inheritance Law [Inheritance and Repayment of Debts].

The inheritance shall be based on or 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.

After the death of a person, all kinds of arrears can be handled by the heirs, and the heirs shall repay them within the scope of the inheritance, but the heirs do not need to repay the debts beyond the scope of the estate, and if the heirs give up the inheritance, they need to bear the responsibility for repaying the debts of the decedent.

Legal basis] Article 1161 of the Civil Code.

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 is not 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.

Article 1162.

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

Legal analysis: According to the relevant laws and regulations of China, after the death of the debtor, the heirs of the debtor's estate should pay off the debts of the heirs, in other words, they need to pay off the debts of the decedent within the limit of the inheritance. For debts that exceed the actual value of the heir's estate, the heirs can repay or not repay, following the principle of voluntariness.

Legal basis: Article 1161 of the Civil Code of the People's Republic of China The heir shall pay off the taxes and debts of the decedent 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 be liable for the taxes and debts that the decedent should pay in accordance with the law.

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