Opening speech

In recent years, focusing on the overall development of Jiaozuo, I have adhered to the goal of safeguarding social fairness and justice, safeguarding the correct implementation of laws, and safeguarding the legitimate rights and interests of clients, and done a good job as a lawyer. It has trained a group of outstanding Jinyan lawyers who are politically firm, professional, uphold justice and fulfill their duties, and made positive contributions to the economic and social development of our city and the maintenance of social stability.

In order to further improve the quality of lawyers' case handling, our firm reviewed the lawyers' business files of 2022 and selected 5 lawyers' business files of social significance to share with you, please pay attention to them.

If the creditor dies, can the heir inherit the claim?

In real life, owing money because of business transactions often happen, but sometimes, the creditor has not waited for the debtor to pay the money, has died. In this case, can the heirs of the creditor inherit the claim and ask the debtor to pay back the money? Next, let's follow Jin Yan lawyer Zhang Shuaishuai to understand the case!

Basic case

Qiao, an outsider, has been engaged in diesel trading business, and the defendant Zhao has also bought diesel at Qiao many times. In the process of business, the defendant Zhao owes Qiao some diesel money because the business turnover is not open. On June 5, 2014, the defendant issued an IOU to Qiao mou, which stated: "Owed today: owed Qiao Mou oil 50,000 yuan (50,000 yuan), June 5, 2014, Zhao Mou." On January 30, 2019, we owe 38,000 yuan (38,000 yuan). In 2020, I will pay 4,000 yuan and less than 34,000 yuan." After issuing the IOU, Zhao only returned 2,000 yuan of oil payment through wechat payment on January 30, 2022, and the remaining 32,000 yuan of oil payment has not been paid.

In the early morning of May 18, 2022, Qiao was sent to the hospital for treatment after a sudden illness at home, and needed large medical expenses because of his heavy illness. His family members asked Zhao for money for hospital treatment through wechat phone on the same day, and Zhao said that he would raise money in the evening while working in other areas. But did not wait until Zhao will return the arrears, Qiao will be due to illness treatment ineffective died. Since then, Zhao has not returned any arrears, Qiao's family has no choice but to resort to law.

Process of handling a case

The court held that the legitimate creditor's debt relationship is protected by law and the debt should be repaid. Where the obligee dies, the obligee's right shall be acquired by his legal successor according to law, and his successor shall have the right to claim the obligor's right.

In this case, one of the parties to the original contract, Qiao Mou, has died, and according to Article 1122 of the Civil Code of the People's Republic of China, "Heritage is the personal legal property left behind at the death of a natural person." No inheritance shall be inherited which may not be inherited by law or by its nature." The legal property left by a natural person at the time of his death includes marketable securities and claims whose subject matter is property. In this case, the legal claims of the creditor Qiao to the debtor Zhao belong to claims whose subject matter is property. Therefore, inheritance occurs after Qiao's death and it belongs to the estate that citizens can inherit. Qiao's spouse, parents and two children a total of five people (referred to as the "five plaintiffs") as their legal heirs can inherit their claims according to law, so the five plaintiffs claim to the defendant Zhao as the successor of Qiao, and the five plaintiffs obtain the claims according to law and have the right to demand immediate payment. Therefore, the defendant Zhao Mou shall pay the five plaintiffs 32,000 yuan of diesel fuel and interest on capital occupation within ten days from the date of the effective date of the judgment.

Case analysis

According to the law, inheritance starts from the death of the decedent, and the estate is the personal legal property left by the natural person at the time of death. The personal legal property left by a natural person at the time of his death includes marketable securities and the claims whose subject matter is property, etc. The claims as a legacy belong to one of the property rights, and the claims as a citizen's legal property can be inherited by the heirs as a legacy. Therefore, the creditor debt relationship does not end with the death of the creditor. After the death of the creditor, the heir of the creditor may inherit the claim. After inheriting the creditor's right, the heir may recover the debt from the borrower. In this case, the 32,000 yuan creditor's rights left after the death of the creditor Qiao belong to the property of the property, and its legal heir can of course inherit according to law and claim claims to the debtor Zhao.

Law link

People's Republic of China Civil Code

Article 1,122 An estate is the personal legal property left by a natural person at the time of his death.

Inheritances that cannot be inherited by law or by their nature shall not be inherited.

Article 1,127 The estate shall be inherited in the following order:

(1) First order: spouse, children, parents;

(2) Second order: brothers and sisters, grandparents, maternal grandparents.

When succession begins, it shall be inherited by the first heir in the order, and not by the second heir in the order; If there is no successor in the first order, the successor in the second order shall inherit.

The term "children" as used in this part includes children born out of wedlock, children born out of wedlock, adopted children and stepchildren with foster relationships.

The term "parents" as used in this part includes birth parents, adoptive parents and stepparents who have fostering relationships.

The term "brothers and sisters" as used in this Part includes brothers and sisters of the same parents, half or half brothers and sisters, adopted brothers and sisters, and stepbrothers and sisters in foster relations.

Lawyer's introduction

Zhang Shuaishuai, a member of the Communist Party of China, is a practicing lawyer of Jinyan Law Firm. He graduated from Zhengzhou University majoring in Law.

Participated in the handling of civil and commercial cases, criminal defense, administrative cases and other litigation, arbitration and non-litigation legal service cases of nearly 100. In April 2021, the case of "Kong Mou's security guarantee obligation responsibility dispute" was rated as "the sixth Top Ten Legal Aid cases in Jiaozuo City".

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