The son gives his father a loan as a guarantee. If the father doesn't pay it back, the son will bear the guarantee responsibility. Whether the son needs to fulfill the repayment obligation can be roughly divided into two situations: 1, where the father owes the bank loan and the son does not undertake the repayment obligation. 2. If a son inherits property due to the death of his father, he shall bear the obligation of repayment within the scope of property inheritance. Those who give up inheritance shall not bear the obligation of repayment.

Legal analysis

The creditor may require the debtor to perform the responsibility of the debtor's son, which depends on the specific guarantee method of the son. The guarantee method is as follows: (1) General guarantee. Before the debtor's property is enforced according to law and the debt cannot be fulfilled. The guarantor of the general guarantee has not been tried or arbitrated for the main contract dispute. Where the parties agree in the suretyship contract that the surety shall bear the suretyship liability when the debtor fails to perform the debt, it is a general suretyship. The guarantor of a general guarantee may refuse to undertake the guarantee liability to the creditor before the main contract dispute is tried or arbitrated and the debtor's property is enforced according to law. (2) Joint and several liability guarantee. If the parties agree in the guarantee contract that the guarantor and the debtor shall be jointly and severally liable for the debt, it is a joint liability guarantee. If the debtor of joint and several liability guarantee 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 its guarantee.

legal ground

People's Republic of China (PRC) Civil Code

Article 687 General Guarantee is the guarantee that the guarantor shall bear the guarantee liability when the parties stipulate in the guarantee contract that the debtor fails to perform the debt. The guarantor of a general guarantee has the right to refuse to assume the guarantee liability to the creditor before the main contract dispute has been tried or arbitrated and the debtor's property has been enforced according to law, except in one of the following circumstances: (1) the debtor's whereabouts are unknown and there is no property available for execution; (2) The people's court has accepted the bankruptcy case of the debtor; (3) The creditor has evidence to prove that the debtor's property is insufficient to perform all debts or cannot perform debts; (4) The Guarantor waives the rights stipulated in this clause in writing.

Article 688 Where the parties stipulate in the suretyship contract that the surety and the debtor shall be jointly and severally liable for the debts, it is a suretyship of joint liability. When the debtor of joint and several liability guarantee fails to perform the due debt or the circumstances agreed by the parties occur, the creditor may request the debtor to perform the debt, or request the guarantor to assume the guarantee liability within the scope of its guarantee.