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【上海讨债网】债务人去世的债务如何要?

作者:上海雄鹰讨债公司 发布于:2021-07-27 11:16:02

    诚信是中华民族的传统美德。借钱也在一定程度上解释了诚信问题。但世界是不可预测的。总会有事故和其他紧急情况。债务人死亡如何处理和解决?

    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?

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    咨询问题:债务人去世的债务如何要?

    Advisory question: what is the debt of the debtor's death?


    分析解答:上海讨债网律师解答:

    Analysis answer: Lawyer answer:


    1.向死者配偶追讨。

    1. Recover from the spouse of the deceased.

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    最高人民法院关于适用《中华人民共和国婚姻法》若干问题的解释(二)第二十六条 夫或妻一方死亡的,生存一方应当对婚姻关系存续期间的共同债务承担连带清偿责任。

    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.死者所欠债务原则上从死者遗产中偿还。

    2. In principle, the debts owed by the deceased shall be repaid from the estate of the deceased.

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    继承人在继承遗产的同时,也有清偿债务的义务。除继承人放弃继承权外,死者的债务由其他继承人清偿。因此,也可以要求继承人和死者家属在继承财产范围内清偿死者的债务。

    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.


    《继承法》第三十三条规定,继承遗产应当清偿被继承人依法应当缴纳的税款和债务,缴纳税款和清偿债务以他的遗产实际价值为限。

    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.


    这一限制不适用于继承人自愿偿还的超过遗产实际价值的部分。继承人放弃继承的,对被继承人依法应当缴纳的税款和债务,可以不负责任。

    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.


    律师分析:

    Lawyer analysis:


    债务人概念:

    Debtor concept:


    债务人通常是指依照法律或者合同、合同的规定,在债务关系中对债权人负有偿还义务的人。在财务会计术语中,债务人是指对他人负有债务的实体或个人。简言之,债务人也可以理解为买方,而相应的债权人可以理解为卖方。

    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.

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    债务人可以是公民,也可以是法人。当国家作为民事主体出现时,它也可以具有债务人的资格。

    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.


    偿还债务通常有三种情况:

    There are usually three situations for debt repayment:


    一、公民自出生至死亡,具有民事权利能力,依法享有民事权利,承担民事义务。借款人作为独立的民事主体,应当独立承担民事责任。

    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.


    二.根据《婚姻法》及其司法解释,夫妻共同债务由夫妻共同偿还。

    2、 According to the marriage law and its judicial interpretation, the joint debts of husband and wife shall be repaid by husband and wife.

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    三、继承人应当清偿被继承人依法应当支付的税款和债务,税款和债务的支付以遗产的实际价值为限。这一限制不适用于继承人自愿偿还的超过遗产实际价值的部分。继承人放弃继承的,对被继承人依法应当缴纳的税款和债务,可以不负责任。

    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.


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