In China, there is no legal provision for "repayment of debts from fathers and sons". The creditor and the debtor are specific persons, and since the father who bears the debt is specific, and although the children are related to him by blood, they are not specific responsible persons, and of course have no obligations to the creditor. Therefore, there is no legal basis for the argument that the father pays the debt to the son. However, if a child inherits the inheritance of the parents, the debts left over from the death of the parents shall be repaid with the inheritance. What is the latest law on the repayment of father's debts and sons, and the following is a detailed introduction for you.1. How does the Civil Code provide for the debts of the father and the son?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 or she shall not be liable for the taxes and debts that the decedent shall pay in accordance with the law.
The Civil Code stipulates that if the parents are unable to repay the debts, the children have no obligation to repay. However, if the creditor can prove that the parents transferred the property to the children, the children can be allowed to pay off the debt. If the parents die and the children inherit the estate, the children, as the heirs, shall pay off the taxes and debts payable by the decedent according to law to the extent of the actual value of the inheritance.
What is the law about the creditor's right of avoidance?
The debtor disposes of the property rights and interests free of charge by waiving its creditor's rights, waiving the guarantee of creditor's rights, transferring property free of charge, etc.; or maliciously extend the time limit for the performance of the due creditor's rights, affecting the realization of the creditor's creditor's rights, the creditor may request the people's court to revoke the debtor's acts.
The conditions under which a creditor may exercise the right of avoidance are:
1. The creditor and the debtor previously had a valid creditor's rights and debts.
2. The debtor has unreasonably disposed of its property or property interests.
3. The debtor's behavior affects the realization of the creditor's creditor's rights.
The scope of the exercise of the right of avoidance is limited to the creditor's claim. The necessary expenses for the creditor to exercise the right of avoidance shall be borne by the debtor.
The right of avoidance shall be exercised within one year from the date on which the creditor knows or ought to know the reasons for avoidance. If the right of avoidance is not exercised within five years from the date of the debtor's act, the right of avoidance is extinguished.
Extinguish. If the debtor disposes of the property rights and interests free of charge by waiving its creditor's rights, waiving the guarantee of its creditor's rights, transferring property without compensation, etc., or maliciously prolonging the performance period of its due creditor's rights, affecting the realization of the creditor's creditor's rights, the creditor may request the people's court to revoke the debtor's acts.