In the relevant laws and regulations, the relationship between inheriting property and assuming debts is still clearly defined.
In the civil code:
Article 159 When the estate is divided, the taxes and debts payable by the decedent according to law shall be paid off; But the necessary inheritance should be left to the heirs who lack the ability to work and have no source of income.
Article 161 The successor shall pay off the taxes and debts that the decedent should pay according to law within the limit of the actual value of the inheritance. The part exceeding the actual value of the estate shall be voluntarily repaid by the heir.
If the heir renounces inheritance, he may not be liable for paying off the taxes and debts that the decedent should pay according to law.
The simple explanation is:
Those who give up inheritance shall not be responsible for repaying debts of the decedent before his death. If inheritance is not abandoned, it is not the heir who bears the debt, but the corresponding debt is deducted from the decedent's estate. If there is any surplus, the successor will continue to inherit; Without surplus, there is no inheritance; If the assets are insolvent, the creditors will suffer unless the heirs are willing to take the initiative. Therefore, once the debtor dies, theoretically, the creditor's money can be returned. However, in reality, there are not a few cases in which people in dormant accounts disappear.
Who should pay the debts of the deceased before his death? How should creditors protect their rights and interests?
A loan caused a dispute. Lao Yang borrowed 300,000 yuan from his friend Lao Zhang for business turnover.
Lao Yang and Lao Jin have been friends for more than twenty years. Business is difficult, because the capital turnover is not open, so I open my mouth to the old. Lao Zhang usually doesn't care much about money, and the financial power at home is in the hands of his wife.
Hearing his brother's difficulties, Lao Zhang readily agreed. After returning home, I discussed with my wife and took out 300,000 emergency. Wife doesn't like it: even if you are good friends, don't have anything to do with money. The reason why money can gather people is because everyone makes money; In case of loss, not to mention the money lent, 300 thousand is not a small sum, even if a friend can't get it back.
Lao Zhang had a quarrel with his wife and insisted on borrowing it. It was really difficult, but my wife agreed, but there must be two conditions. A listen to his wife's nonsense, Lao Zhang readily promised, according to his words:
"Don't worry about this, brothers have to settle accounts."
Lao Zhang's wife specially told two things:
One is to write clearly that it is used for the production and operation of Lao Yang before lending him money; One is to transfer money through the bank, and you must write a note "borrow".
Lao Zhang listened to his wife's advice, although he felt that his wife had a lot to do and seemed "not arrogant and impetuous". Lao Yang was in urgent need of money to solve his urgent need, so he agreed without thinking. At that time, the two agreed to return the principal and interest together one year later.
A year later, Lao Yang's business still hasn't improved. At first, Lao Zhang was embarrassed to ask for it. Later, he gradually realized that the money was probably not coming back, so he kept calling to urge him to pay it back. Later, Lao Yang simply disappeared and didn't answer the phone. I really should say: talking about money hurts feelings.
Unexpectedly, something even more unfortunate happened: Lao Yang died unexpectedly. Now Lao Zhang is in a hurry, and there are no people. How much do you want? Sometimes it hurts to look at the orphans and widows left by Lao Yang, but it hurts even more to think about that 300,000 yuan. Coupled with the constant complaints and urging of his lover, Lao Zhang found Lao Yang's family and talked about this debt. Who knows Lao Yang's lover replied:
"Do you want to put money on him, I don't know about it.
As soon as people leave, you start asking for money. Isn't this bullying us orphans and widows? Do you deserve Lao Yang? "
The words worried Lao Zhang, but where is the "dormant account disappearing" now? With the departure of Lao Yang, this family should bear the debt!
Things dragged on for more than a year. For a long time, Lao Zhang had no choice but to sue Lao Yang's wife.
After Lao Yang died, his wife inherited and transferred the family property. Lao Yang's parents are gone, so the deposit in Lao Yang's name is half for her and half for her grown-up son, and the house is transferred to her own name.
In the process of demanding repayment of the debt, Lao Zhang took out the original loan slip and found the transfer record when borrowing money as evidence to demand the other party to repay the principal and interest of the debt.
Lao Zhang was somewhat relieved by the final verdict: Lao Yang's wife and children paid off their debts. Of course, the relationship with my old friend's house is completely broken.
Rights and obligations refer to the legitimate rights and interests that Lao Zhang should strive for as a creditor; Obligation refers to the money owed by Lao Yang, and who should bear the obligation to repay the debt.
Lao Yang was a debtor who died unexpectedly. Does that mean he doesn't have to pay back the 300 thousand? Definitely not.
In this matter, there are three key points:
In fact, Lao Zhang should be grateful, especially to his wife.
At the request of my wife, I made two very important actions: one is the debit note and the other is the transfer record.
Together, these two pieces of evidence can prove that the two sides did have a loan relationship, and Lao Zhang did lend money to Lao Yang, so the two sides did form a creditor-debtor relationship.
Therefore, Lao Zhang's wife's request seems not so "justified", but from the perspective of protecting the rights and interests of creditors, it is very critical and important.
Lao Yang owes money. Does his wife have an obligation to pay back?
First of all, it is clear that the wife has the obligation to repay. This repayment obligation has nothing to do with Lao Yang's death.
Because Lao Yang borrowed the money for business operation. The income from business operation after marriage belongs to the common property of husband and wife. In other words, if you make money, the wife of the money will also be the beneficiary; On the other hand, if the business is lost, you can't let your husband pay for it, can you? Don't you lose money if you take advantage?
Therefore, although the money is owed by Lao Yang, as the wife is the beneficiary of the money, she also needs to bear the repayment obligation.
How should I repay the debt?
Lao Yang died, and his legacy was divided between his wife and son.
According to the inheritance law introduced at the beginning, Lao Yang's wife and son bear the debts in proportion to their share of inheritance-because they have not given up inheritance, they must deduct the debts from the inheritable share of inheritance before inheriting the rest.
As for where the debts that Lao Yang's wife needs to bear come from, from the inheritance or from her personal property, that is another matter, and the family will solve it by itself.
What should we pay attention to in protecting the interests of creditors? If the debtor dies, how to protect the rights and interests of creditors?
In the following two cases, the rights and interests of creditors can be fully or appropriately protected:
Situation (1): There must be objective evidence to prove that you have legal creditor's rights. Situation (2): The debtor has an inheritance and other debt beneficiaries or guarantors. In the first case, as we said before, Lao Zhang really wants to thank his wife. Because there are IOUs and transfer records, it proves the true legitimacy of this debt.
Sometimes, if you just show your feelings, you will show them to others. It's hard to say whether others will show your feelings in case you can't repay them.
In the second case, if:
After the death of the debtor, the personal legal property left behind is enough to repay the debt-at this time, the creditor can recover from the debtor's heir. At the beginning, there were other beneficiaries besides borrowers-at this time, creditors can recover from other beneficiaries. If there is a guarantor in the middle when the loan is signed-the creditor can recover from the guarantor at this time.