Legal analysis
When signing creditor's rights certificates such as IOUs, the identity of the signer should be accurately characterized, and there should be an identity qualifier, such as borrower, guarantor, witness or witness, before signing. If the borrower's identity is not indicated when signing the creditor's rights certificates such as IOUs, and the borrower is not required to bear the repayment responsibility during the signing process, and the legal consequences to be borne after signing are not clearly stated, and it is impossible to guarantee that he is the borrower or guarantor through other conditions, the court may not support the lender when requesting the court to let him bear the debt. First of all, it depends on the purpose of the child's signature on the payment loan. If they just witnessed their father's debts, they don't need to repay their father's debts before his death. If the father dies and the children inherit the father's estate, they should repay the father's debts before his death, and the person who gives up the estate does not need to repay the debts. If the child is the guarantor of the father's loan, the child should bear the guarantee responsibility after the debt expires; If children are debtors, they should pay the debts they owe.
legal ground
Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases
Article 2 When a lender brings a private lending lawsuit to a people's court, it shall provide creditor's rights certificates such as IOUs, receipts, IOUs and other evidence that can prove the existence of a legal relationship between lending and borrowing. If the creditor's rights certificate such as IOUs, receipts and IOUs held by the parties does not specify the creditor, and the party holding the creditor's rights certificate brings a private lending lawsuit, the people's court shall accept it. The defendant raised a factual defense against the plaintiff's creditor qualification, and the people's court ruled that the plaintiff did not have the creditor qualification after examination and dismissed the prosecution.
Article 3 Where the borrower and the lender have not agreed or clearly agreed on the place of performance of the contract, and no supplementary agreement has been reached afterwards, and the place of performance of the contract cannot be determined according to the relevant provisions of the contract or trading habits, the place of performance of the contract shall be the place where the party receiving the money is located.
Article 20 If another person signs or seals the creditor's rights certificate or loan contract such as IOUs, receipts and IOUs, but fails to indicate that he is the guarantor or assumes the guarantee responsibility, or cannot be presumed as the guarantor through other facts, and the lender requests him to assume the guarantee responsibility, the people's court will not support it.
Article 159 of the Civil Code of People's Republic of China (PRC) shall pay off the taxes and debts that the decedent should pay according to law when dividing the estate; But the necessary inheritance should be left to the heirs who lack the ability to work and have no source of income.