The person subject to enforcement has passed away, can my claims still be realized?
In the process of enforcing Zhang San's case, the person subject to execution, Li Si, passed away, and I always heard that people died and the debts were eliminated, so in this case, does it mean that Zhang San's creditor's rights cannot be realized?
Before making this conclusion, it is necessary for Zhang San, the applicant for enforcement, to determine these matters, and in this enforcement case, did the person subject to enforcement, Li Si, provide a guarantee?
Does the person subject to execution, Li Siyou, have no inheritance?
In the first case, in this enforcement case, if the other party provides security, then the applicant for enforcement can apply to the court to directly enforce the secured property or the property of the guarantor, and in this way, Zhang San can realize his own creditor's rights.
What if there is no guarantee?
Then let's see if the person subject to execution, Li Si, has an inheritance, and how much inheritance does it have?
Second, if Li Siming has an inheritance, and Li Si has no heirs to the estate, or although he has an heir, he has given up the inheritance, then he can apply to the court to enforce Li Si's estate, so as to realize Zhang San's creditor's rights.
In the third case, there is no guarantee in Zhang San's enforcement case, Li Si has an estate, and at the same time, Li Si also has an heir to the estate, in this case, Zhang San will apply to the court to change and add Li Si's heir as the person subject to execution, and then Li Si's heir needs to bear the responsibility for paying off Zhang San's debts within the scope of his inheritance.
In the fourth case, which rarely occurs and is very accidental, that is, although the person subject to execution, Li Si, has no guarantee and no inheritance, and Li Si's estate is not enough to pay off the debt.
Looking at it this way, Zhang San's creditor's rights seem to be really going to be lost.
However, at this time, a person came out, and he was willing to fulfill his obligations on behalf of Li Si, and in this case, Zhang San's debt could also be realized.
If none of the above situations exists, then Zhang San's enforcement case is likely to come to an end, and it will really come to the legendary situation of "death and debt".
Lai