Knowing that the borrower had died unexpectedly, the bank urged the first-order heir, Mr. Zhu's parents, wife and son, to repay the loan borrowed by Mr. Zhu.
Because Mr. Zhu's family believes that Mr. Zhu did not leave any property left to his family and only had debts, he expressed his grievances to inherit the estate and refused to repay the bank's loan.
Bank then sued Mr. Zhu’s four heirs in court and asked Mr. Zhu’s four family members to repay the loan principal, interest, penalty interest, compound interest and the lawyer’s agency fees used.
Through investigation and evidence collection, the court found that Mr. Zhu's family, because Mr. Zhu's business failed, owed too much debt and insolvent, said that it was unreasonable and legal to give up the inheritance inheritance of .
The court believes that the bank's loan should be jointly repaid by Mr. Zhu's first-order heirs. Therefore, Mr. Zhu and the four families were ordered to repay the principal of the bank loan of RMB 152,171.32, fine interest and compound interest of RMB 5,228.3, and pay attorney agency fees of RMB 11,944, and the bank won the case.
The basis for the complaints of the bank is Article 1127 of the " Civil Code " stipulates that after death, a natural person should execute the distribution of the estate in accordance with his will. If no will is made, the relics will be inherited by his spouse, parents, children, etc. in the first order.
So the bank had to sue Mr. Zhu's first-order heir to court, which was the best choice to resolve the loan.
Mr. Zhu's family believes that Mr. Zhu has no inheritance, only debts. This means that Mr. Zhu’s inheritance is insolvent. Therefore, the family claimed to give up all the property inheritance rights . This is certainly untenable by law.
According to Article 1160 of the Civil Code, the inheritance that is not inherited or given away by anyone is state-owned and used for public welfare undertakings; if the deceased is a member of the collective ownership organization during his lifetime, it belongs to the collective. This is obviously wrong with Mr. Zhu's family. Therefore, the court held that the family's waiver of inheritance was invalid.
Therefore, according to Article 1159 of the Civil Code, the court shall divide the estate and the debts paid by the deceased in accordance with the law should be compensated. The upper limit of the repayment is the actual value of the inheritance. If the heirs waive the inheritance, they shall not be liable for repayment for the taxes and debts that the deceased should pay in accordance with the law. Therefore, the court held that Mr. Zhu's family had the obligation to repay the loan.
[The above are my views. If there is any inappropriateness, please leave your valuable opinions in the comment area and actively participate in the special comment invitation. Please pay attention to the rural issues in eastern Hubei and rural areas and discuss them together. The pictures are from the Internet and infringement are deleted. 】
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