According to Red Star News
Recently, Ankang City, Shaanxi Province
The Baihe County People's Court pronounced a verdict
The case of "repayment of father's debts and sons".
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The man Wang died of illness, and he borrowed 50,000 yuan from Zhang before his death but never repaid it. After Wang's death, Zhang asked Wang's relatives to repay the debt, but to no avail. Zhang then filed a lawsuit with the local court. In the end, the court ruled that Wang's son, Wang Moujia, was liable for repayment and sentenced him to bear part of the debt.
The reporter learned from Zhang Min, the judge who undertook the case and vice president of the Baihe County People's Court, that Wang borrowed 50,000 yuan from Zhang in October 2018 and issued an IOU to Zhang. In June 2022, Wang died of illness, and Zhang found Wang's wife Li and sons Wang B and Wang A to negotiate repayment. The three claimed that they did not know about the loan, nor did they inherit Wang's estate, and they did not need to repay the loan for Wang.
Zhang thinks
"Father's debt is repaid by the son, it is justified"
Then Wang's wife and two sons
The lawsuit was brought to the White River Court
Zhang Min told reporters: "In the current laws of the mainland, there is no relevant provision that directly requires 'repayment of debts from the father and son', and only the heirs bear the responsibility of paying off the debts within the value of the inherited estate." ”
During the trial of the case, the court ascertained that although Wang's wife, Li, Wang B, and Wang Moujia all expressed in writing that they would renounce the inheritance of Wang's estate, the second son Wang Moujia withdrew all the balance of his legacy account of 9,800 yuan after his father's death, and claimed that the money was used to handle his father's funeral expenses.
Zhang Min said that according to 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 should pay according to 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 may not be liable for the taxes and debts that the decedent should pay in accordance with the law.
Wang Moujia died after his father Wang
Several times from Wang's bank account
Transfer out 9800 yuan
His behavior indicates the inheritance of Wang's estate
Therefore, Wang Moujia renounced the inheritance in writing
It was found invalid by the court
However, since the deposit belongs to the joint property of Wang and Li, half of it should be divided into Li's property first, and the remaining 4,900 yuan is Wang's estate. 4,900 yuan of the money transferred by Wang Moujia belongs to his inheritance of his father Wang's estate, and he should bear the responsibility for paying off Wang's debts within the range of 4,900 yuan.
Final court verdict
The decedent Wang
Before his death, he owed Zhang a loan principal of 50,000 yuan
Wang Moujia is within the range of inheriting Wang's estate of 4,900 yuan
Pay off the debts of the decedent Wang
Red Star News learned that the case is still in the appeal period, and the court has not yet received an appeal application from both parties.
END
Source: Newsroom Comprehensive Red Star News, Litchi News, Daily Economic News
Editor: Lady W