The man left 100,000 debts during his lifetime.

The Yangtze River Daily Da Wuhan Client September 22 The man's death left debt, and his wife and children and the company were prosecuted to repay debts. On September 22, the reporter learned from the leaning of private enterprises in the private enterprise financing case held by the Court of Laantou District that in this case, it was found that the company did not bear the responsibility, although the wife and children did not know the debt, but in accordance with the legal inheritance in accordance with the legal inheritance The law stipulates that the debt is still repaid.

Wang Feng (a pseudonym) was a shareholder of Company A. In June 2017, he borrowed 100,000 yuan from Zhao Ping (a pseudonym) and wrote a borrowing. He promised to return soon. Unexpectedly, half a year later, Wang Feng died of a sudden illness. Zhao Ping asked Wang Feng's wife to collect debts. In the first half of this year, he sued the court and asked Wang Feng's wife, son and company A to ask for the loan and interest.

Zhao Ping took out the IOU, which reads Wang Feng's signature and covered with the seal of Company A. At the trial site, Wang Feng's wife said that her husband was the actual controller of Company A during his lifetime, and had business with Zhao Ping. The two of them borrowed money and did not know that they should bear debt by Company A.

Mr. Li, an employee of Company A, testified in court that he knew that the borrowing of money between the two also saw it, but the seal of Company A was built by Zhao Ping himself after Wang Feng's death. In the face of the witnesses, Zhao Ping acknowledged that after Wang Feng's death, he was afraid that no one would pay the money, and he privately covered the seal of Company A.

Is there any legal effect on this debit? If the borrowing relationship is established, who should be repaid?

The undertaking judge stated that during the trial, after the court was explained, the original defendant did not apply for an appraisal of the debit. It is said that the content does not violate the mandatory provisions of laws and regulations, and Wang Feng and Zhao Ping's borrowing relationship is established. Since Zhao Ping has admitted that the seal on the debit was stamped privately after Wang Feng's death, Company A did not bear the responsibility of repayment.

According to the law, "During the marriage relationship of the marriage relationship, the debt that the husband and wife exceeded the daily life of the family were not the joint debt of the husband and wife; Except for the agreed between the two sides. "

At the same time, "the inheritance of the inheritance should pay the taxes and debts that the heir should pay in accordance with the law, and the tax payment and the debt of the debt are limited to the actual value of his inheritance. Beyond the actual value of the inheritance, the heir is not limited to the voluntary repayment."

In this case, there was no signature of Wang Feng's wife on the debit, and Zhao Ping had no evidence to prove that the loan was used for family life. Therefore, Wang Feng's wife should not bear the joint responsibility for the husband and wife. However, Wang Feng has died. As his heir, his wife and son should assume repayment responsibilities to the plaintiff within the scope of the inheritance of Wang Feng.

A few days ago, the Court of Laantou District made a judgment according to law. Wang Feng's wife and son repaid Zhao Ping's borrowing of 100,000 yuan and interest within the inheritance of the inheritance.

(Changjiang Daily reporter Geng Shanshan correspondent Dongcheng Yuyue)

【Edit: Zhao Ke】

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