After the death of ordinary citizens, if they have property, their debts shall be borne by their heirs; If there is no property or the heir renounces inheritance, the heir shall not bear the debts of the decedent. Article 6 of the Guarantee Law stipulates: "The guarantee mentioned in this Law refers to the act that the guarantor and the creditor agree that when the debtor fails to perform the debt, the guarantor will perform the debt or assume the responsibility according to the agreement."
In addition, Article 19 of the Guarantee Law stipulates: "If the parties have not agreed or the agreement is unclear, they shall bear the guarantee liability according to the joint and several guarantee liability." Article 18 stipulates: "If the guarantor of joint and several liability fails to perform the debt at the expiration of the debt performance period agreed in the main contract, the creditor may require the debtor to perform the debt, or may require the guarantor to assume the guarantee liability within the scope of his guarantee.
Regardless of whether the debtor is incapacitated or dead, his debts shall be paid off from his property. How should creditors collect debts? Like the death of the debtor, the creditor can be paid off from the debtor's estate. Because Article 33 of the Inheritance Law stipulates that inheritance should pay off the taxes and debts that the decedent should pay according to law, and the payment of taxes and debts is limited to the actual value of his estate, except for the part that exceeds the actual value of the estate. If the debtor's estate has been divided, the creditor may require the debtor's heirs to pay off their debts in proportion to the property they inherited.
If the debtor loses the capacity for civil conduct, the creditor may require the guardian to pay off the debt with the property of the ward under his guardianship (i.e. the debtor). So the most direct understanding is that the creditor can ask the debtor's guardian to repay the debt, and the guardian pays off the debt from the ward's property, but the money actually belongs to the debtor. If the guardian refuses to repay the loan, the creditor can sue the debtor to the court, and the guardian will become the legal agent of the debtor to respond to the lawsuit.
What if the creditor dies?
1, recover from the spouse of the deceased. The Supreme People's Court's Interpretation on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (II) Article 26 If one of the spouses dies, the surviving spouse shall be jointly and severally liable for the debts of * * * during the marriage relationship. If you don't know that there is an agreement between the deceased and the spouse, and the property belongs to each other during the marriage, you can ask the spouse of the deceased to pay.
2, the debt owed by the deceased, in principle, should be repaid from the deceased's estate. While inheriting the estate of the deceased, the heirs also have the obligation to pay off the debts. Unless the heir renounces the right of inheritance, the debts of the deceased before his death shall be paid off by other heirs. Therefore, it is also possible to require the heirs and family members of the deceased to pay off the debts of the deceased within the scope of the inherited property.
3. Some people are willing to pay back.