Heir to give up the right to inherit the right to bear the debt obligations
2015-08-11 09:09:10
[Abstract] the father of a death before the death of others to borrow 250 thousand yuan, son Lu Moujie to give up the right to inherit, the father of the law bear the debt can not be responsible for the repayment. There is no obligation to assume the case of the person, and no evidence of a legacy of the land left, continue to hear is not necessary, the court ultimately ruled that the end of litigation.
Guangxi news network Pingguo August 30th (correspondent Liao Dongxu) father died before the death of others to borrow 250 thousand yuan, son Lu Moujie to give up the right to inherit, the father of the law bear the debt can not be responsible for the repayment. Recently, Pingguo County People's court ruled that the creditor Zhang Mouhua filed end debt litigation Moujie land requirements. In April 2014, Lumou to do need money to take the project on the grounds, Zhang borrow 250 thousand yuan, agreed in June 15, 2014 to repay, and if maturity is not repaid by the debtor to the creditor to pay thirty percent of the principal penalty. After the maturity of the loan, the land did not repay the loan. May 20, 2015, died of an illness due to illness. The day before, the plaintiff Zhang flowers to Lumou son Lu Moujie prosecute decedent debt lawsuit, request according to the judgment of Lu Moujie inherited the Lumou heritage within the scope of repay the loan of 250 thousand yuan and liquidated damages. In the trial, Lu Moujie put forward his father died after Lumou did not leave any property, even if there is a heritage, Lu Moujie also give up the right of inheritance. The creditors Zhang Hua believes that the land has a heritage, but failed to prove. A dispute over the debts of the successor is a dispute arising from the liquidation of the property and the obligation of the successor who has been dead. In the case of the decedent Lumou heir Lu Moujie explicitly waives the right of inheritance, according to the provisions of the "People's Republic of China law" the second paragraph of article thirty-third: who disclaims inheritance, the decedent shall pay taxes and debts can not repay the negative responsibility. Therefore, this case does not have to assume the obligations of the people, and no evidence of a legacy of land left, continue to hear is not necessary, the court ultimately ruled that the end of the case.
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