Can the husband owed by the husband's death in the case?

case:

From April 2012 to December 2013, he provided transportation to the project contracted by Cheng Mou, a driver of Jing County. After the project was over, Cheng did not pay Du Mou's payment payment on the grounds that he did not settle the project funds. Cheng died of illness in 2019. Du then contacted Cheng's wife Li, but was told that the money was owed by Cheng Mou and had nothing to do with her. In desperation, Du sued Li to the Hejing County People's Court and asked for transportation.

Law:

Article 1,161 of the "People's Republic of China" stipulates that the heirs shall pay taxes and debts that the heir should pay in accordance with the actual value of the inheritance of the inheritance. More than the actual value of the inheritance, the heir is not limited to the voluntary repayment.

If the heir to give up the inheritance, the taxes and debts that the heir should pay in accordance with the law may not be liable for claims.

Interpretation:

"Cheng Mou owed Du's transportation model and issued a lack of bouncing. He could determine that there was a debt and debt relationship between Cheng and Li, which was protected by the law." Judge Ou Yuncai Times introduced that this debt is not the common debt of both husband and wife and belongs to Cheng's personal debt, but his wife Li did not give up the inheritance of the inheritance, so the heritage should be used to repay the debt first. debt.

The picture shows the Judge Ou Yuncai (first from left) of the Barin Brook People's Court of the Hejing County People's Court. Correspondent Rabu Gaifu Photo

For husbands and wives' common debt, it will not automatically offset because one of the deaths of one of them; even if it is not the co -debt of the husband and wife, before the heirs inherit the heritage, they should pay off the debt owed by the heir. Husband's heritage repay.

Ou Yuncai emphasized that if her husband had illegal debt disputes during his lifetime, such as illegal debt such as gambling, money laundering, and usury, it would not be protected by law. (Tianshan.com reporter Yang Shuhan compiled)

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