Recently, the court in Yangzhou, Jiangsu Province decided a loan case. After the man Zhu borrowed 200,000 yuan from the bank, the loan period was from one year to September 2020. After the expiration, Zhu only repaid part of the loan and failed to pay off the principal and interest. In February of 20021year, Zhu died unexpectedly. Now, the bank has sued Zhu's parents, wife, son and other four first-in-line heirs for repayment, and asked citizens to bear the responsibility of paying off the loan principal and interest and lawyer's agency fees within the scope of inheriting Zhu's estate. However, the defendants argued that Zhu died unexpectedly and left no legacy except debts. They also said that they would give up Zhu's legacy. Subsequently, the court ruled that the four defendants repaid the plaintiff's loan principal 152, 17 1.32 yuan, with a penalty interest of 5,228.3 yuan, and paid the lawyer's agency fee1/944 yuan.
In fact, according to the provisions of China's Civil Code, the heir should pay off the taxes and debts that the decedent should pay according to law within the limit of the actual value of the inheritance. However, if the heir abandons the inheritance, he may not be responsible for paying off the taxes and debts that the decedent should pay according to law. According to this reasoning, the four heirs have expressed their willingness to give up inheritance in their defenses, so there is no need to repay the bank. Finally, the court ruled that they should pay back the money owed by the bank.
So, from a legal point of view, how should this question be answered?
First of all, the court held that the loan contract signed by Zhou and the bank was legal and valid, and the bank had the right to ask Zhu to repay it. Since Zhu died unexpectedly without a will, you should have four heirs to pay off Zhu's debts. Although the four heirs voluntarily gave up their inheritance, Zhu did not leave any legacy. However, the citizens' heirs did not provide evidence to prove that Zhu had no inheritance, so they should be estate managers, but they did not and did not hand over the management right of the inheritance to the village Committee or the civil affairs department. According to this logic, the heirs of citizens will still belong to Zhu's estate manager, so they should fulfill their corresponding responsibilities. According to the court's statement, the court's decision is not wrong. Because even if they give up inheritance, they have to provide corresponding certificates. If they don't, they have to bear the repayment. If we say that Zhu's four heirs did perform this kind of estate management behavior. Moreover, a certificate has been issued to prove that Zhu did not leave any legacy, and the village Committee can also provide corresponding certificates, so that the court will not order the four heirs to bear the responsibility again.