In real life, a lot of people still are put in the error that concerns to debt, do not exist in jurisprudence actually " father debt child still " , " child debt father is returned " compulsive regulation. Rather, "Husband debt wife still " , " wife debt husband is returned " have legal basis, of course this has premise requirement.
Basis " inheritance act of People's Republic of China " thirtieth 3: Successive bequest ought to pay off by heir lawfully ought to the imposition of pay and debt, pay imposition and pay off debt the bequest with him is actual value in the limit of. Exceed inheritance real value share, do not be restricted what heir repays of one's own accord here. Heir abandons acceding, right by heir lawfully ought to the imposition of pay and debt need not be lost repay responsibility.
2, can let Wu of repay a debt of its family countervailEven if owes person death, the bequest that wants him only is enough repay, loan remains what can want to come back, if owe the person's family to be willing to accede his bequest, that wants toward his family. Have a kind of case, family must replace his to repay, because the family is collective,the debt that owes a person namely is live and arise, include to fulfill bring up, management activity of production of provide for obligation, family is waited a moment. In a word, joint liability is assumed together by family.
3, individual liabilities wants husband and wife possibly also to repay jointlyHusband and wife still included in joint liability joint liability, marriage law sets: During spouse concern puts add, one party of husband and wife is in debt with individual name place Wu ought to press husband and wife joint liability processing. Unless be to be in debt person and creditor agree this debt is individual liabilities clearly, or during husband and wife puts add to marital relation, the belongings agreement of earning puts in an individual 's charge all, creditor also knows this agreement, this debt ability regards the individual of one party of husband and wife as debt.
In fact, the court is judged " joint liability still should see husband and wife whether be used at husband and wife to live jointly " , if husband and wife arranges good loan, it is to calculate joint liability for certain. If husband and wife shared the profit that debt place brings, also should regard joint liability as. What circumstance need not be changed? Make an example, marital loan need not be used at gamble however at domesticity, lost a large sum of money, the wife need not be returned.
The place on put together is narrated, if owe the person's debt to involve excellent person, husband and wife, affirm those who repay to his family is accountability. If be not involved, advocate creditor's rights to the bequest of debtor directly. The proposal is inscribed advocate application court mediation is arbitral, be no good really go up the court is sued.
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