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The son is to repay the father, because there is indeed this basis for the repayment of the father's debts, which is stipulated in article 82 of the civil law.
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Of course it is. The son will first inherit the father's estate, and then the money will be used mainly to pay off debts.
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I think it's needed. And your father has raised you for so long, you should also ask your father to do something. According to the laws of the country, the son must be compensated.
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The father borrows money, but dies, whether the son has to pay it back or not, it depends on the situation:
1. If the son inherits the estate, the son shall bear the responsibility for debt repayment, but only to the extent of the inherited estate;
2. If the son renounces the inheritance, he does not need to repay the debts of the decedent;
3. The law does not recognize gambling debts, and if the IOU is not marked as gambling debts, it is established if the evidence is insufficient.
What to do if you owe money and don't pay it back.
Here's how to deal with the money you owe and don't pay it back:
1. If someone owes money and does not repay it when it is due, he can directly apply to the court to issue a payment order to him;
2. The application for a payment order is called a supervision procedure in the lawsuit, which is applicable to monetary debts and valuable debts, and the creditor's rights and debts between the parties should be clear, and the creditor has sufficient evidence, such as IOUs, IOUs, etc.;
3. After the payment order is issued, if the other party does not raise an objection within 15 days, the creditor can apply to the court for enforcement.
[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 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.
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Legal Analysis: Not required. China's law does not support "repayment of debts from fathers and sons". The debts owed by the father belong to the personal act of the father and should be borne by the father himself, and the children have no obligation to repay the father's debts.
Legal basis: Article 3 of the Civil Procedure Law of the People's Republic of China: The provisions of this Law apply to people's courts accepting civil lawsuits brought by citizens, legal persons, and other organizations, as well as between them on the basis of property and personal relationships.
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The father borrows money, but dies, does the son have to pay it back?
Hello, dear, here is for you to find out that there is no such provision in the law of our country that the father and the son repay the debt. That is, the child is not obliged to pay off the father's debts, unless the children inherit the father's estate, then they inherit his debts at the same time, and then they are obliged to return them. If the heir inherits the estate, he shall pay off the taxes and debts that the decedent shall pay according to 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.
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If you don't have a certificate, the money that the father lent to someone else can of course be returned as a child, but if it is given to someone else, he has no right to ask for it.
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