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Bank loan, but he is unable to repay it now. Must a son pay his father's debts?
1, Inheritance Law: "Article 33 The inheritance of an estate shall pay off the taxes and debts that the decedent should pay according to law, and the payment of taxes and debts shall be limited to the actual value of the estate. The part exceeding the actual value of the estate shall be voluntarily repaid by the heir. If the heir abandons the inheritance, he may not be liable for the taxes and debts that the decedent should pay according to law. "
Father's debt does not conform to modern law. The father's debt is only returned by his property, and the children have any obligation to return it on their behalf. The only exception is that children inherit their parents' inheritance and are responsible for paying off their parents' debts within the scope of inheritance. If you give up inheritance, there is no need to pay off the debt.
3. It is not a principle that the father is in debt and the son fails to fulfill the obligation to pay his father's debts. The son has no legal affairs to pay his father's debts. The legal principle is that the father's debts should be paid by the father himself. If there is a guarantor, the guarantor needs to return it.
4. The repayment of the father's debt is essentially performed by a third person. Article 65 of the Contract Law stipulates: "If the parties agree that the third party shall perform the debt to the creditor, and the third party fails to perform the debt or the performance of the debt does not conform to the agreement, the debtor shall be liable to the creditor for breach of contract." This is a legal provision on third party performance. It is clear that if a third party performs on its behalf, it must be agreed by the parties concerned, that is, it must be agreed by the third party. At the same time, if the third party fails to perform in accordance with the agreement or the performance does not conform to the agreement, the liability shall still be borne by the debtor, not by the third party. Therefore, if the son agrees to repay his father's debt, a third person will perform it on his behalf. If a son pays his father's debts, the law allows him to pay his debts effectively. If a son fails to repay his father's debts as agreed, he cannot be asked to bear the liability for breach of contract, but his father should bear the liability for breach of contract.
The above contents are related answers. Legally, the father has no obligation to repay the debt. Moreover, the father's debt is not legal, and there is no legal obligation to repay the debt for his father. Whoever owes money to the bank should pay it back. If the children are willing to repay together, it is also possible. If you have other legal questions, you can consult the relevant lawyers.