1. If the son is a minor, has no or limited capacity for civil conduct, and is under the age of 18, he is legally called a person with limited capacity for civil conduct, and is under the age of 10. At this time, parents are the legal guardians of their sons, and parents have the responsibility to return their sons' debts;
2. If the son is an adult and a person with full capacity for civil conduct, he is legally called a person with full capacity for civil conduct, that is, he can independently undertake civil obligations and exercise civil rights. Since he is independent, at this time, parents naturally have no legal obligation to pay back the money for his son.
How to deal with the debtor's inability to repay debts;
In practice, there are two different situations in which the debtor is unable to repay.
1, one is temporarily unable to repay, if this is the case, the debtor will repay in installments;
2. The other is permanent inability to repay. If it is permanently impossible to pay off, it can only pay off the debtor's personal existing property, which will be executed after the court makes a trial and judgment. That is to say, the lender will take as much personal property as the debtor has for execution.
In a word, whether parents need to repay their son's debts depends on his age. If the son is an adult, parents don't need to repay the debts he bears; If they are minors who do not have full capacity for civil conduct, their mothers and fathers, as legal guardians, shall repay their debts.
Legal basis:
Article 1064 of the Civil Code of People's Republic of China (PRC)
The debts incurred by both husband and wife after the same signature or ratification by one party, and the debts incurred by one party in his own name for the daily needs of the family during the marriage relationship, belong to the same debt of husband and wife.
Debts incurred by one spouse in his own name during the marriage relationship that exceed the needs of family daily life are not joint debts of husband and wife; However, the creditor can prove that the debt is used for the husband and wife's life, production and operation, or based on the same meaning of both husband and wife.