Parental accident dies, after just losing a dear one before long, two minor daughters were accused by 23 creditor court, ask they repay hundred yuan of debt that parents owes before one's death.

The network matchs a plan, graph article has nothing to do

It is after all " disappear of person dead debt " , or should " father debt child still " ?

The court on two children the accused, the grandfather applied for legal aid

On January 17, 2018, sun Zhong of power sea citizen and wife Liu are beautiful because carbon monoxide is toxic,die, sun Xue of 9 years old and Sun Yu of 1 year old became orphan. Before one's death, sun Zhong and Liu beautiful husband and wife are in berth of area of power sea classics becomes city Madao to manage two domestic farming at town and flourish endowment classics battalion headquarters. Need sometimes external loan, undertake through imprest means sales promotion is managed.

In be informed Sunzhong's husband and wife to die after the message, to ask for loan, each creditor is sued in succession to court of people of green division of link of power sea city, sun Xue, Sun Yu's sister the two the accused that be labelled.

"Receive a court from Feburary 27, 2018 since the first subpoena, next two months, receive 22 subpoena again, be requirement repay a debt. Be requirement repay a debt..

As the grandfather of Sun Xue, Sun Yu, sun Jianguo became the legal agent that handles issue of debt pay off.

After receiving subpoena, sun Jianguo helps a center apply for law to help to law of green division of link of power sea city, in affirmed Sun Xue, Sun Yu is actual after the circumstance, think be good law helps a condition, proposal making for approval, 23 cases all Gong Zhiai of solicitor of office of real attorney of assign Shandong rich undertakes.

Aid attorney helps, straighten case train of thought

"The problem that Sun Jianguo cares most, be whether leave a room for two granddaughter, ensure the child has stable dwelling place, after going to the lavatory, study lives. After going to the lavatory, study lives..

Gong Zhiai tells a reporter, sun Zhong, Liu Mei left the house that a Shang Youyin borrows money all right.

After grasping case fact, gong Zhiai analysed details of a case further for Sun Jianguo, straighten case train of thought.

Sun Zhong and Liu beauty are engaged in farming endowment when managing, husband and wife two jobs are busy, two daughters still year young, sun Jianguo basically often is in charge of twice attending granddaughter at ordinary times, do not participate in farming endowment ministry is managed. Sun Jianguo's husband and wife is opposite reason farming endowment ministry manages a circumstance not to understand daily, whether to reach to others borrow or lend money to son daughter-in-law farming the management means of endowment classics battalion headquarters not know the inside story.

According to Sun Jianguo's allegation, undertake did the lawyer decide rejoin opinion: ? The management of dimming? of  post heart aing concubine of an emperor to parents circumstance not know the inside story, whether does leasehold relation exist between the accused parents and each accuser ambiguous also, wait for a court to make a thorough investigation of after experience case fact, agree to repay inside successive bequest limits already the money that the court affirms.

Be in debt amount makes an appointment with 1.18 million yuan, the house accedes by two children

Because die outside Sun Zhong, Liu Meiyi, as the first suitable Sun Xue, Sun Yu and its grandparent, grandfather mother is appealed to to come as corespondent court. In case lawsuit process, 4 average per capita express the grandparent of Sun Xue, Sun Yu, grandfather mother clearly the right of inheritance that abandons pair of bequest, agree with all bequest by Sun Xue, Sun Yu two sisters accede.

The forehead of the litigant mark of 23 cases is more than yuan 1.43 million, classics for many times sessional cognizance, by May 2018, cognizance of final classics court adjudicates amount is 1.18 million yuan about. Sun Jianguo adjudicates to the case the result is relatively satisfactory, express clearly to approve a court decision result, do not mention appeal.

Gong Zhiai says, the economy that because the Sun Zhong, possession that Liu Meiwei takes is only,still has partial bank loan is applicable room and partial pesticide, chemical fertilizer farming asset is tasted, and the amount that the debt total Yuan Chao that adjudicates lawfully via the court spends bequest. After the court adjudicates become effective, be in 23 cases this in the case, 21 enter executive phase.

"Father debt child still " cent circumstance, repay inside successive bequest limits

On March 22, 2019, sun Jianguo got the executive ruling book of court of green district of link of power sea city, up to current, 21 cases are already all and terminative carry out. The basis carries out a ruling, manage before Sun Zhong, Liu Meisheng farming the earning such as article of bequeath of inn of hairdressing of the chemical fertilizer pesticide of endowment ministry, car and place insure accrual carries out a paragraph nearly 100 thousand yuan, each application carries out a person to undertake sufferring countervail in proportion. After application carries out a person to agree to pay 10000 yuan by legal procuratorial Sun Jianguo, abandon pair of bequeath house property deal with, agree to regard Sun Xue, Sun Yu as shared bequest portion.

After parents dies, should the debt children that leave repay?

Gong Zhiai explanation says, "Father debt child countervail " in legal scope feasible, need certain requirement. Concern a provision according to our country inheritance act, successive bequest should repay Wu be been in debt by the place before successive life, but should with bequest real value in the limit of, exceed a share, heir is not lost repay compulsory.

This is meant, if children is below the case that does not have successive parents bequest, need not assume liability responsibility of parents. Children is after the bequest of successive parents, countervail debt responsibility is had inside the limit of successive bequest.

Why Sun Xue, Sun Yu can accede house property, gong Zhiai says, according to legal provision, successive philtrum has devoid labor ability to do not have the person of source of income again, although bequest is not worth pay off debt, also answer to preserve proper heritage for its, set pay off liability by law again next. In this case as a result of two children still year young, especially the Sun Yu when parents dies only a year old, all be minor, for two minor child reserves necessary living room is consideration of executive phase key.

(Party of the case in article all is alias)