作者：上海雄鹰讨债公司 发布于：2021-07-27 11:16:02
Honesty is the traditional virtue of the Chinese nation. Borrowing money also explains the problem of integrity to a certain extent. But the world is unpredictable. There will always be accidents and other emergencies. How to deal with and solve the death of the debtor?
Advisory question: what is the debt of the debtor's death?
Analysis answer: Lawyer answer:
1. Recover from the spouse of the deceased.
Interpretation of the Supreme People's Court on Several Issues concerning the application of the marriage law of the people's Republic of China (2) Article 26 If a husband or wife dies, the surviving party shall bear joint and several liability for paying off the joint debts during the duration of the marriage relationship.
2. In principle, the debts owed by the deceased shall be repaid from the estate of the deceased.
While inheriting the estate, the heir also has the obligation to pay off his debts. Except that the heir waives the right of inheritance, the debts of the deceased shall be paid off by other heirs. Therefore, the heirs and family members of the deceased can also be required to pay off the debts of the deceased within the scope of inherited property.
Article 33 of the inheritance law stipulates that the inheritance of an estate 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.
This restriction does not apply to the part voluntarily repaid by the heir that exceeds the actual value of the estate. Where a successor relinquishes inheritance, he may not be responsible for the taxes and debts payable by the decedent according to law.
The debtor usually refers to the person who has the obligation to repay the creditor in the debt relationship in accordance with the law or the provisions of the contract or contract. In financial accounting terms, debtor refers to an entity or individual that owes debts to others. In short, the debtor can also be understood as the buyer, while the corresponding creditor can be understood as the seller.
The debtor may be a citizen or a legal person. When the state appears as a civil subject, it can also have the qualification of debtor.
There are usually three situations for debt repayment:
1、 From birth to death, citizens have the capacity for civil rights, enjoy civil rights and bear civil obligations according to law. As an independent civil subject, the borrower shall bear civil liability independently.
2、 According to the marriage law and its judicial interpretation, the joint debts of husband and wife shall be repaid by husband and wife.
3、 The successor shall pay off the taxes and debts payable by the decedent according to law, and the payment of taxes and debts shall be limited to the actual value of the estate. This restriction does not apply to the part voluntarily repaid by the heir that exceeds the actual value of the estate. Where a successor relinquishes inheritance, he may not be responsible for the taxes and debts payable by the decedent according to law.