Is it legal to pay father's debts?

There is no legal basis, and "father and son pay debts" is illegal, just a folk saying.

As long as the parents are alive, the children will not be jointly and severally liable for their parents' civil actions, and the father's debts will not be repaid. However, if the parents are persons with no capacity for civil conduct or limited capacity for conduct, if the debts incurred by the parents are used for family expenses, the children living together shall bear corresponding responsibilities.

Second, the latest provisions of the law on father's debt.

1, according to Article 33 of the Law of People's Republic of China (PRC) on State Succession: "Inheriting an estate shall pay off the taxes and debts that the decedent should pay according to law, and the taxes and debts shall be limited to the actual value of the estate. The part exceeding the actual value of the estate shall be voluntarily repaid by the heir. If the heir abandons the inheritance, he may not be liable for the taxes and debts that the decedent should pay according to law. "

2. So from the legal point of view, the folk saying that "the father owes his son back" is one-sided and inaccurate. The "father's debt" may be paid by the children, and the children may not have to pay it. The key is to look at the value of the father's inheritance and the children's willingness to repay.

Three, the father's debt must be repaid in two cases.

1. Parents' loans are used for family members to live together.

If the money borrowed by parents is used for family members to live together, then this debt cannot be regarded as parents' personal debt and should be repaid by family members.

2, children do not support obligations.

If the parents borrow money to make a living because their children don't fulfill their maintenance obligations, no matter whether the debt is greater than or less than the inheritance, the children should bear the obligation to pay off the debt.

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