Death compensation refers to the monetary compensation that the infringer shall pay to the close relatives of the infringed party if the infringed party dies due to the infringer's tortious act.
Netizen consultation:
Should the death benefit be used to pay off the deceased's debts during his lifetime?
Lawyer answers:
An estate is a personal legal property left behind by a natural person upon his or her death. Leaving behind at the time of death means that the "inheritance" should be the property that the deceased has acquired or agreed to acquire during his lifetime, including property rights. Death compensation is a special kind of property, which compensates for the loss of living resources caused by the death of the victim's close relatives, and is a compensation for the victim's family, and the compensation for the interests of the deceased's family is generated after the death of the victim, and does not exist realistically at the time of the death of a citizen. Therefore, the death benefit is not an inheritance and cannot be inherited as an inheritance, and the creditors of the deceased victim cannot claim that the victim's close relatives can pay off the debts owed by the victim during his lifetime to the extent that the death compensation is paid.
Lawyer adds:
The significance of death compensation is to maintain the material living standard of the close relatives and the infringed person before their death. Death compensation is a property damage rather than a moral damage;It is a relief for the damage to the interests of close relatives. The death compensation shall be calculated on the basis of the per capita disposable income of urban residents in the previous year at the location of the court where the lawsuit is filed, and shall be calculated over a period of 20 years. However, if the age is over 60 years old, the age shall be reduced by one year for each additional year;Those over the age of 75 are counted as five years.
The details are as follows:
1. Death compensation (for persons under the age of 60) = 20 years of per capita disposable income of urban residents in the previous year at the location of the court where the lawsuit is filed;
2. Death compensation (for persons over 60 years old) = per capita disposable income of urban residents in the previous year at the location of the court where the lawsuit is filed (20 years - increasing age);
3. Death compensation (for persons over 75 years old) = the per capita disposable income of urban residents in the previous year at the location of the court where the lawsuit is filed is 5 years.
Legal basis] Article 1161 of the Civil Code The heir shall pay off the taxes and debts that the decedent shall pay in accordance with the law to the extent of the actual value of the inheritance. The part exceeding the actual value of the estate shall not be subject to voluntary repayment by the heirs.
If the heir renounces the inheritance, he may not be liable for the taxes and debts that the decedent should pay in accordance with the law.
Lawyer Wang Aixia is profiled
Lawyer Wang Aixia, female, born in 1978, is the founder and director of Guangdong Yueyuan Law Firm. He has been a full-time lawyer for more than 10 years, specializing in financing and borrowing, civil and commercial contract disputes, marriage and inheritance, and disposal of non-performing assets. Adhering to the practice philosophy: to be a thoughtful lawyer and make the rule of law a belief.